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Full text of "North Carolina Register v.10 no. 17 (12/1/1995)"

I /KFf^/ ^^■^ V , A 2/a/6'7 



NORTH CAROLINA 

REGISTER 



VOLUME 10 • ISSUE 17 • Pages 2222 - 2314 
December 1, 1995 



IN THIS ISSUE 

Executive Orders 

Acupuncture Licensing Board 

Final Decision Letters 

Human Resources 

Public Education 

Tax Review Board 

Rules Review Commission Objections 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 : , 



p-^ i-J3 .^-5^. rfe p^^_^^ 



DEC 




LAW UJBHAili' 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1.13 



i 



NORTH CAROLINA 



IN THIS ISSUE 




Volume lOp Issue 17 
Pages 2222 - 23 1 4 



I. EXECUTIVE ORDERS 

Executive Orders 87-89 2222-2223 

n. IN ADDITION 

Tax Review Board 2224 - 2226 

Voting Rights Act 2227 



m. RULE-MAKING PROCEEDING 
Human Resources 

Social Services 2228 

Licensing Board 
Acupuncture Licensing Board 2228 



December 1 , 1 995 



This issue contains documents officially 
filed through November 7, 1995. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann HI, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



rV. TEMPORARY RULES 
Public Education 

Elementary and Secondary Education 2229-2230 

V. RRC OBJECTIONS 2231-2238 

VI. CONTESTED CASE DECISIONS 

Index to AU Decisions 2239 - 2254 

Text of Selected Decisions 

94 DOJ 1006 2255-2271 

94 OSF 1530 2272-2275 

94 OSP 1718 2276-2278 

95 EHR 0016 2279-2285 

95 OSP 0411 2286-2288 

Vn. CUMULATIVE INDEX 2290-2314 



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I 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 87 
EXTENDING EXECUTIVE ORDERS 

26, 27, 28, 29, 30, AND 34 

By the power vested in me as Governor by the Constitu- 
tion and laws of North Carolina, IT IS ORDERED: 

Section L 

The following Executive Orders are hereby extended for 
two years: 

A. Executive Order No. 26, Board of Trustees of the 
N.C. Public Employee Deferred Compensation 
Plan; 

B. Executive Order No. 27, Governor's Commission 
for Recognition of State Employees; 

C. Executive Order No. 28, Agriculture, Forestry, 
and Seafood Industry Advisory Committee; 

D. Executive Order No. 29, Teacher Advisory 
Committee; 

E. Executive Order No. 30, Highway Beautification 
Council; and 

F. Executive Order No. 34, Highway Safety Com- 
mission. 

This Executive Order is effective immediately. 

Done in Raleigh, North Carolina this the 27th day of 
October, 1995. 

EXECUTIVE ORDER NO. 88 

AMENDING STATEWIDE FLEXIBLE 

BENEFITS PROGRAM 

WHEREAS, State employees are an important resource to 
state government; and 

WHEREAS, the State needs to provide a uniform competi- 
tive compensation package that includes an up-to-date 
benefits program in order to maintain its competitive edge 
with businesses and other states in its region; and 

WHEREAS, the State needs to provide the same tax- 
advantaged benefits to all State employees, regardless of the 
agency, department or university where they work; and 

WHEREAS, the reasonable cost of administering an 
efficiently designed flexible benefits program could be 
recovered by the savings associated with such a program; 

NOW, THEREFORE, by the power vested in me as 
Governor by the Constitution and laws of North Carolina, 
IT IS ORDERED: 

Section !_. Policy. 

A statewide employee flexible benefits coordination effort 
is hereby formalized for the purpose of administering these 
benefits to employees and to promote the development and 



maintenance of a competitive compensation package for all 
State employees. 

Section 2^ Administration. 

There is created within the Office of State Personnel a 
Statewide Employee Flexible Benefits Program (SEFBP). 
The State Personnel Director shall be responsible for central 
flexible benefits coordination for all State employees. The 
administration of the statewide flexible benefits plan shall 
become the responsibility of SEFBP. This program shall 
begin the process of assessing the flexible benefits plan 
design, administrative procedures, administrative capabili- 
ties, and communications needs for the implementation of a 
comprehensive statewide flexible benefits plan. These 
responsibilities include, but are not Umited to the following: 

(a) Implementing the Statewide Flexible Benefits 
Plan; 

(b) Administering contracts for supplemental insur- 
ance carriers and third party administrators for 
spending accounts and premium conversion plans 
participating in the SEFBP; 

(c) Coordinating administration of spending accounts; 

(d) Coordinating enrollment and communication 
efforts concerning the SEFBP and other benefit 
programs; 

(e) Coordinating the Statewide Flexible Benefits 
Advisory Committee; and 

(f) Speaking on behalf of State government flexible 
benefits in the Legislature. 

Section 3. Statewide Flexible Benefits Advisory Commit- 
tee. 

There is hereby established a Statewide Flexible Benefits 
Advisory Committee (FBAC) for the purpose of assisting 
the State in developing and maintaining an effective flexible 
benefits plan for State employees. The FBAC shall make 
recommendations to the State Personnel Director concerning 
the administration of the Flexible Benefits Plan and the 
components of the flexible benefits package for State 
employees. 

Section 4. Duties of the FBAC. 

The FBAC shall be responsible for the following: 

(a) Assisting the SEFBP in developing administrative 
functions; 

(b) Reviewing existing flexible benefit programs in 
State government; 

(c) Recommending pre-tax benefits to be included in 
the SEFBP; 

(d) Assisting in reviewing contracts and administering 
spending accounts; and 

(e) Undertaking other functions as necessary. 

Section 5^ Membership. 

The membership of the FBAC shall consist of 14 members 
and 3 ex-officio members. Members shall be appointed to 
a three year staggered term. Members are as follows: 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2222 



EXECUTIVE ORDERS 



(a) A Representative from the State Controller's 
Office; 

(b) A Representative from the State Treasurer's 
Office; 

(c) A Representative from the State Budget Office; 

(d) A Representative from the Attorney General's 
Office; 

(e) A Representative from the State Health Benefits 
Office; 

(f) A Representative from the Administrative Office 
of the Courts; 

(g) A Representative from the Department of Environ- 
ment, Health, and Natural Resources; 

(h) A Representative from the University of North 

Carolina System; 
(i) A Representative from the State Employees Asso- 
ciation; 
(j) A Representative from the Department of Human 

Resources; 
(k) A Representative from the Department of Trans- 
portation; 
(1) A Representative from the Department of Correc- 
tion; and 
(m) Two Representatives of the private sector. 
One representative each from the Department of Public 
Instruction and the Community Colleges shall serve as non- 
voting ex officio members. The SEFBP Manager shall 
serve as a voting ex officio member and provide support 
staff as required. 



WHEREAS, under this Act, State agencies, institutions, 
and political subdivisions are conditionally allowed to 
purchase goods and services directly from nonprofit 
workcenters for the blind and severely disabled; and 

WHEREAS, North Carolina has over 400 blind citizens 
and approximately 5,200 people with severe disabilities who 
are employed by work centers for the blind and severely 
disabled; and 

WHEREAS, the work centers actively train hundreds of 
blind and severely disabled people for employment each 
year; and 

WHEREAS, it is in the best interests of the State of North 
Carolina to provide blind and severely disabled citizens with 
opportunities to lead more productive and meaningful lives 
and to support themselves and their families independent of 
public assistance monies. 

NOW, THEREFORE, by the authority vested in me as 
Governor by the laws and Constitution of the State of North 
Carolina, IT IS ORDERED: 

Section 1^ The Department of Administration shall 
compile and maintain an accurate list of all North Carolina 
nonprofit work centers for the blind and severely disabled 
as such centers are defined in North Carolina General 
Statute 143-48. (b)(lb) within the Act above-noted. 



The Director of the Office of State Personnel shall appoint 
a Chair from among the membership for a one year term. 

This order shall be effective immediately. 

Done in Raleigh, North Carolina, this the 27th day of 
October, 1995. 

EXECUTIVE ORDER NO. 89 

DIRECTING STATE PURCHASING AGENTS 

TO MEET WITH REPRESENTATIVES OF 

THE BLIND AND SEVERELY DISABLED 



Section 2i The Department of Administration shall take 
all reasonable steps it deems necessary and appropriate to 
ensure: 

a. That purchasing agents of all State government 
agencies and institutions subject to this Order and North 
Carolina General Statute 143^8.2 within the Act are aware 
of, and have ready access to, the list described above; and, 

b. That all Usted nonprofit work centers for the blind and 
severely disabled are apprised of the opportunities available 
by virtue of the Act. 

This Order is effective immediately. 



WHEREAS, the General Assembly of North Carolina has 
recently passed legislation, which becomes effective January 
1, 1996, entitled "AN ACT TO ENCOURAGE THE 
PURCHASE OF COMMODITIES AND SERVICES 
OFFERED BY BUND AND SEVERELY DISABLED 
PERSONS" (Senate Bill 519, 1995 Session); and 



Done in Raleigh, North Carolina, this the 31st day of 
October, 1995. 



2223 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



IN ADDITION 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Estate of Edith Virginia Stone, Joan B. DiNapoli, 

Executrix 



ADMINISTRATIVE 
DECISION NUMBER: 



308 



THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on August 29, 1995 in the City 
of Raleigh, Wake County, North Carolina in the office of the State Treasurer. It involves an appeal filed on behalf of the 
Estate of Edith Virginia Stone by Joan B. DiNapoli, Executrix, (hereinafter "Taxpayer") from the Final Decision of Michael 
A. Hannah, Assistant Secretary for Legal and Administrative Services for the Department of Revenue (hereinafter "Assistant 
Secretary") entered on March 22, 1995, sustaining the denial of an inheritance tax refund. 

Chairman Harlan E. Boyles presided over the hearing with ex officio member, Hugh Wells, Chairman, Utilities 
Commission and duly appointed member, Jeff D. Batts, Attorney at Law participating. 

Joan B. DiNapoli, Executrix, appeared on behalf of the Estate of Edith Virginia Stone; Marilyn R. Mudge, 
Associate Attorney General, appeared on behalf of the Department of Revenue. 

The Tax Review Board, as a quasi-judicial body, provides administrative review to Taxpayers from the Secretary 
of Revenue's decisions sustaining the assessment of tax or additional tax pursuant to the North Carolina Revenue Laws. 
Pursuant to N.C.G.S. § 105-241.2, the Board shall confirm, modify, reverse, reduce or increase the assessment or decision 
of the Secretary. 

THE BOARD HAVING REVIEW THE PETITION AND RECORD MADE IN THE PROCEEDING AND 
HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED 
RENDERED THE FOLLOWING DECISION: that the findings of fact made by the Assistant Secretary were fully supported 
by competent evidence in the record, that the conclusions of law made by the Assistant Secretary were fully supported by 
the findings of fact, and that the decision by the Assistant Secretary was fiilly supported by the conclusions of law; 



respect. 



IT IS THEREFORE ORDERED that the Final Decision of the Assistant Secretary is CONFIRMED in every 



Entered this the 31st day of October, 1995. 



TAX REVIEW BOARD 



S/ Harlan E. Boyles, Chairman 
State Treasurer 



S/ Hugh Wells 

Chairman, Utilities Commission 

S/ Jeff D. Batts, Appointed Member 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2224 



IN ADDITION 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of Sales and Use Tax against MCI 
EQUIPMENT CORPORATION and MCI LEASING, 
INC. for the taxable period of April 1, 1983 through 
November 30, 1984 



and 



The Proposed Assessment of Sales and Use Tax against MCI 
TELECOMMUNICATIONS CORPORATION for the 

taxable period of April 1, 1983 through December 31, 1985. 



ADMINISTRATIVE 
DECISION NUMBER: 



309 



THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on August 29, 1995 in the City 
of Raleigh, Wake County, North Carolina, in the office of the State Treasurer. It involved an appeal by MCI Equipment 
Corporation, MCI Leasing, Inc. and MCI Telecommunications Corporation (hereinafter collectively referred to as 
"Taxpayers") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative Services for 
the Department of Revenue (hereinafter "Assistant Secretary") entered on February 2, 1995, sustaining a proposed assessment 
of additional sales and use tax for the taxable period of April 1, 1983 through November 30, 1984 and the taxable period 
of April 1, 1983 through December 31, 1985. 

Chairman Harlan E. Boyles presided over the hearing with ex officio member, Hugh Wells, Chairman, Utilities 
Commission and duly appointed member, Jeff D. Batts, Attorney at Law. 

Douglas A. Richards, Senior Tax Counsel appeared on behalf of the Taxpayer; Kay Linn Miller Hobart, Associate 
Attorney General, appeared on behalf of the Department of Revenue. 

The Tax Review Board, as a quasi-judicial body, provides administrative review to Taxpayers from the Secretary 
of Revenue's decisions sustaining the assessment of tax or additional tax pursuant to the North Carolina Revenue Laws. 
Pursuant to N.C.G.S. § 105-241.2, the Board shall confirm, modify, reverse, reduce or increase the assessment or decision 
of the Secretary. 

THE BOARD HAVING REVIEWED THE PETITION AND RECORD MADE IN THE PROCEEDING AND 
HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED 
RENDERED THE FOLLOWING DECISION: that the findings of fact made by the Assistant Secretary were fully supported 
by competent evidence in the record, that the conclusions of law made by the Assistant Secretary were fully supported by 
the findings of fact, and that the decision by the Assistant Secretary was fully supported by the conclusions of law; 



IT IS THEREFORE ORDERED that the Final Decision of the Assistant Secretary is CONFIRMED in every 



respect. 



Entered this the 31st day of October, 1995. 



TAX REVIEW BOARD 

S/ Harlan E. Boyles, Chairman 
State Treasurer 

S/ Hugh Wells 

Chairman, Utilities Commission 

S/ Jeff D. Batts, Appointed Member 



2225 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



I\ ADDITION 



STATE OF NORTH CAROLB^fA 
COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of additional Sales and Use 
Tax for the period of February 1, 1993 through 
August 31, 1993 by the Secretary of Revenue against 
Crown Aluminum 



ADMINISTRATIVE 
DECISION NUMBER: 



310 



THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on August 29, 1995 in the City 
of Raleigh, Wake County, North Carolina, in the office of the State Treasurer. It involves an appeal by Crown Aluminum 
(hereinafter "Taxpayer") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative 
Services for the Department of Revenue (hereinafter "Assistant Secretary") entered on March 10, 1995, sustaining a proposed 
assessment of additional sales and use tax for the period of February 1, 1993 through August 31, 1993. 

Chairman Harlan E. Boyles presided over the hearing with ex officio member, Hugh Wells, Chairman, Utilities 
Commission and duly appointed member, Jeff D. Batts, Attorney at Law. 

J. Roger Gregg, CPA and Wilfred Mayrand appeared at the Hearing; Christopher E. Allen, Associate Attorney 
General, appeared on behalf of the Department of Revenue. 

The Tax Review Board, as a quasi-judicial body, provides administrative review to Taxpayers from the Secretary 
of Revenue's decisions sustaining the assessment of tax or additional tax pursuant to the North Carolina Revenue Laws. 
Pursuant to N.C.G.S. § 105-241.2, the Board shall confirm, modify, reverse, reduce or increase the assessment or decision 
of the Secretary. 

THE BOARD HAVING REVIEWED THE PETITION AND RECORD MADE IN THE PROCEEDING AND 
HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED 
RENDERED THE FOLLOWING DECISION: that the findings of fact made by the Assistant Secretary were fully supported 
by competent evidence in the record, that the conclusions of law made by the Assistant Secretary were fully supported by 
the findings of fact, and that the decision by the Assistant Secretary was fully supported by the conclusions of law; 



IT IS THEREFORE ORDERED that the Final Decision of the Assistant Secretary is CONFIRMED in every 



respect. 



Entered this the 31st day of October, 1995. 



TAX REVIEW BOARD 

S/ Harlan E. Boyles, Chairman 
State Treasurer 

S/ Hugh Wells 

Chairman, Utilities Commission 

S/ Jeff D. Batts, Appointed Member 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2226 



IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



i 



DLP:GS:NT:tlb 
DJ 166-012-3 
95-2902 



U.S. Department of Justice 

Civil Rights Division 

Voting Section 
P.O. Box 66128 

Washington, D.C. 20035-6128 



November 2, 1995 



George Weaver, Esq. 

Lee, Reece & Weaver 

P.O. Box 2047 

Wilson, North Carolina 27894-2047 

Dear Mr. Weaver: 

This refers to the procedures for conducting the November 7, 1995, special bond election for the Town of Elm City 
in Wilson County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 
U.S.C. 1973c. We received your submission on September 8, 1995. 

The Attorney General does not interpose any objection to the specified change. However, we note that the failure 
of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change. See the 
Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 



I 



Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



Elizabeth Johnson 
Acting Chief, Voting Section 



% 



2227 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



RULE-MAKING PROCEEDING 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

SOCIAL SERVICES COMMISSION 

Notice of Rule-making Proceeding is hereby given by 
the Social Services Commission in accordance with 
G.S. 150B-21.2(b). The agency shall subsequently publish 
in the Register the text of the rule(s) it proposes to adopt as 
a result of this notice of rule-making proceeding and any 
comments received on this notice. 

Rule Citation: W NCAC 411 .0100 

Statutory Authority for the rule-making: G.S. 7A-544; 
7A-552; 7A-675 

Statement of the Subject Matter: Amendment of rules 
regarding the use or access of information contained in the 
Central Registry. 

Reason for Proposed Action: This action is proposed in 
order to make this section of the North Carolina Administra- 
tive Code congruent with Federal Rules which govern the 
eligibility requirements for receipt of grant moneys through 
the Child Abuse Prevention and Treatment Act (P.L. 102- 
295). North Carolina has been notified by Federal authori- 
ties that grant moneys are jeopardized by non-compliance 
with Federal Codes. 

Comment Procedures: Anyone wishing to comment should 
contact Shamese Ransome, Special Assistant, NC Division 
of Social Services, 325 N. Salisbury Street, Raleigh, NC 
27603, 919/733-3055. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 
CHAPTER 1 - ACUPUNCTURE LICENSING BOARD 

Notice of Rule-making Proceeding is hereby given by 
the North Carolina Acupuncture Licensing Board in 
accordance with G.S. 150B-21.2(b). The agency shall 
subsequently publish in the Register the text of the rules it 
proposes to adopt as a result of this notice of rule-making 
proceeding and any comments received on this notice. 

Rule Citation: 21 NCAC 01 .0705, .0709 

Statutory Authority for the rule-making: G.S. 90-456; 
150B-38(h) 

Statement of the Subject Matter: 

21 NCAC 01 .0705 - To present the procedure for initiating 

a formal hearing. 

21 NCAC 01 .0709 - This Rule will contain procedures for 

revoking or suspending a license to practice acupuncture in 

North Carolina. 

Reason for Proposed Action: 

21 NCAC 01 .0705 - To clarify procedures for initiating a 

formal hearing. 

21 NCAC 01 .0709 - To present procedures for revoking or 

suspending licensure to practice acupuncture in North 

Carolina. 

Comment Procedures: All written comments must be 
mailed to Charlene Barbour, 1418 Aversboro Road, Gamer, 
NC 27529 and must be received by January 30, 1996. 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2228 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. 
Pursuant to G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of 
rule-making proceedings for a permanent rule that does not differ substantially from the published temporary rule. 



€ 



TITLE 16 - DEPARTMENT OF PUBLIC EDUCATION 

Rule-making Agency: State Board of Education 

Rule Citation: 16 NCAC 6C .0401 

Effective Date: November 15, 1995 

Findings Reviewed by the Codifier of Rules: Approved 

Statutory Authority for the rule-making: G.S. 115C-272; 115C-285; 115C-302; 115C-316: 115C-336(c). 

Reason for Proposed Action: To enable certain public school employees to use vacation lea\'e in the event of a catastrophic 
illness. 

Comment Procedures: Written comments must be received by January 30, 1996 and directed to: Harry E. Wilson, State 
Board of Education, Education Building, Room 2086, 301 N. Wilmington Street, Raleigh, NC 27601-2825. 

CHAPTER 6 - ELEMENTARY AND SECONDARY EDUCATION 

SUBCHAPTER 6C - PERSONNEL 

SECTION .0400 - LEAVE 

.0401 VACATION LEAVE 

(a) All full-time or part-time permanent public school employees who are working or on paid leave for at least one-half 
of the calendar days in a month earn vacation leave, based on length of state service in North Carolina. 

(b) A part-time permanent employee in a budgeted position earns vacation leave on a pro rata basis. 

(c) Local boards of education may choose to record leave earned in hours. If leave is recorded in hours, the leave earned 
as indicated in this Paragraph wUl be multiplied times the regular number of hours worked per day. Employees earn vacation 
leave as follows: 



i 



Years of 




Days 


Per Month 


State Service 




of Employment 


Less than 2 yrs. 






1.00 


2 but less than 5 


yrs. 




1.15 


5 but less than 10 yrs. 




1.40 


10 but less than 


15 yrs. 




1.65 


15 but less than 


20 yrs. 




1.90 


20 vrs. or more 






2.15 



(d) LEAs credit state service for full-time or part-time permanent employment figured on the same basis as for longevity 
pay. The LEA must establish the anniversary date for each employee on the basis of the employee's state ser\'ice. 

(e) The LEA may advance vacation leave to an employee. 

(f) The LEA transfers unused vacation leave when an employee transfers between LEAs. An employee may have leave 
transferred to or from a state agency or institution, community college or technical institute, a position subject to the State 
Personnel Act in a local mental health, public health, social services or emergency management agency, if the receiving 
agency is willing to accept the lea\e; otherwise, the employee will be paid in a lump sum for accumulated leave not to exceed 
30 workdays or 240 hours, according to the earning rate. 

(g) Leave payment at separation is subject to the following: 

(1) An employee who is overdrawn on leave when he or she separates will have the excess leave corrected through 
a deduction from the final salary check. 

2229 NORTH CAROLINA REGISTER December 1, 1995 10:17 



% 



TEMPORARY RULES 



(2) Payment for leave may be made on the regular payroll or on a supplemental payroll. The LEA makes payment 
from the same source of funds and in the same proportion as the employee's salary is paid. 

(3) Terminal leave payment is subject to the same deductions as salary, including retirement. 

(4) The receipt of lump sum leave payment and retirement benefit is not dual compensation. 

(5) The LEA makes payment for unpaid salary, terminal leave and travel of a deceased employee to the personal 
representative of the deceased employee, or if there is no personal representative, to the Clerk of Superior Court 
of the county in which the employee resided. 

(h) Each LEA shall maintain leave records for all employees. LEAs must inform employees of their leave balances at 
least once a year. LEAs must retain leave records for separated employees for at least five years ftxjm the date of separation. 

(i) Leave must be taken in one-half days, whole days, or hours as determined for earning purposes by the local board. 

School bus drivers and instructional personnel who require a substitute may take vacation leave only on days when 
students are not in attendance. Instructional personnel who do not require a substitute may take vacation leave on any day 
school is in session. LEAs may designate specific scheduled workdays for required attendance as long as employees have 
an opportunity to take annual leave earned during the school year. Employees may charge leave taken only to scheduled 
teacher workdays and the ten vacation leave days scheduled in the school calendar. 

(k) Other employees may take vacation leave instead of sick leave. These employees must have an opportunity to take 
annual leave earned in the school year. 

(1) Employees may take vacation leave due to catastrophic illness as provided by G.S. 115C-336(c'). The local 
superintendent or a committee designated by the superintendent shall determine whether an illness is catastrophic by 
considering such factors as: 

(1) the debilitative nature of the condition; 

(2) the life-threatening potential of the condition: 
£3) the duration of the condition; 

(4) the monetary hardship incurred because of the condition; 

(5) the expected length of the leave; and 

(6) other options available to the employee, such as state disability. 

History Note: Statutory Authority G.S. 115C-272; 115C-285; 115C-302; 115C-316; 
Eff. July 1, 1986; 

Amended Eff. July 1, 1994; October 1, 1993; December 1, 1991; March 1, 1990; 
Temporary Amendment Eff. November 15, 1995. 



10:17 NORTH CAROLINA REGISTER December 1, 1995 2230 



RRC OBJECTIONS 



1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 150B-21.9(a). State 
agencies are required to respond to RRC as provided in G.S. 150B-21. 12(a). 



AGRICULTURE 

Structural Pest Control Division 

2 NCAC 34 .0904 - Prohibited Acts 
Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Environmental Health 

15A NCAC 18A .2509 - Plan Review and Approval 

Rule Withdrawn by Agency 
ISA NCAC 18A .2531 - Wading Pools 

Agency Revised Rule 
15A NCAC 18A .2531 - Spas and Hot Tubs 

Agency Revised Rule 

Environmental Management 

15A NCAC 2B .0212 - Fresh Surface Water Quality Standards for Class WS-I Waters 

Agency Revised Rule 
15A NCAC 2B .0214 - Fresh Surface Water Quality Standards for Class WS-II Waters 

Agency Revised Rule 
15A NCAC 2B .0215 - Fresh Surface Water Quality Standards for Class WS-III Waters 

Agency Revised Rule 
15A NCAC 2B .0219 - Fresh Surface Water Quality Standards for Class B Waters 

Agency Revised Rule 
15A NCAC 2B .0222 - Tidal Salt Water Quality Standards for Class SB Waters 

Agency Revised Rule 
15A NCAC 2B .0224 - High Quality Waters 

Agency Revised Rule 

Health: Epidemiology 

15A NCAC 19H .0702 - Research Requests 
Rule Withdrawn by Agency 

Sedimentation Control 



RRC Objection 
Obj. Removed 



10118195 
10/18/95 





09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 



09/21/95 



15A NCAC 4B .0020 - Inspections and Investigations 
Agency Revised Rule 

Solid Waste Management 

15A NCAC 13B .0815 - Incorporation by Reference 

Agency Revised Rule 
15 A NCAC 13B .0817 - Septage Management Firm Permits 

Agency Revised Rule 
15A NCAC 13B .0819 - Septage Land Application Site Permits 

Agency Re\'ised Rule 
15 A NCAC 13B .0820 - Septage Detention and Treatment Facility Permits 

Agency Revised Rule 



RRC Objection 
Obj. Removed 



09/21/95 
09/21/95 



RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 



2231 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



RRC OBJECTIONS 



15A NCAC 13B .0821 - Location of Septage Land Application Sites 

Agency Revised Rule 
15A NCAC 13B .0822 - Management of Septage Land Application Sites 

Agency Revised Rule 
15A NCAC 13B .0825 - Standards for Septage Treatment and Detention Facilities 

Agency Revised Rule 



RRC 


Objection 


09/21/95 


Obj. 


Removed 


09/21/95 


RRC 


Objection 


09/21/95 


Obj. 


Removed 


09/21/95 


RRC 


Objection 


09/21/95 


Obj. 


Removed 


09/21/95 



HUMAN RESOURCES 



Facility Services 



10 NCAC 3C .3001 - Definitions 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3108 - Suspension of Admissions 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3205 - Discharge of Minor or Incompetent 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3302 - Minimum Provisions of Patient's Bill of Rights 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3502 - Bylaws 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3602 - Responsibilities 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3603 - Personnel Policies and Practices 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3607 - Personnel Health Requirements 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3608 - Insurance 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3704 - Status 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3902 - Manager 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3C .3904 - Patient Access 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4003 - Policies and Procedures 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4102 - Classification of Optional Emergency Services 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3C .4104 - Medical Director 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3C .4203 - Nursing Staff 



RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Cont'd 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Cont'd 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2232 



RRC OBJECTIONS 



No Response from Agency 

Rule Returned to Agency 
JO NCAC 3C .4303 - Nursing Services Maternal Services 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3C .4307 - Nursing Staff of Neonatal Services 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3C .4401 - Organization 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3C .4502 - Pharmacist 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3C .4508 - Space 

RRC Rescinded its July Approval 

Rule Withdrawn by Agency 
10 NCAC 3C .4512 - Medications Dispensed 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4702 - Organization 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3C .4703 - Sanitation and Safety 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4704 - Distribution of Food 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4705 - Nutritional Support 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3C .4801 - Organization 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3C .4905 - Tissue Removal and Disposal 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5002 - Delivery of Care 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3C .5201 - Psychiatric/Substance Abuse Svcs.: Applicability of Rules 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5202 - Definitions Applicable/Psychiatric/Substance Abuse Svcs. 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5205 - Seclusion 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5302 - Definitions 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5309 - Nursing/Health Care Administration and Supervision 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5315 - Dental Care 



Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 




10/18/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Cont'd 


10/18/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objeaion 


07/13/95 



2233 



NORTH CAROLINA REGISTER 



December I, 1995 



10:17 



RRC OBJECTIONS 



No Response front Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5318 - Activities and Recreation 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5319 - Social Services 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5322 - Brain Injury Extended Care Physician Services 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5323 - Brain Injury Extended Care Program Requirements 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5324 - Special Nursing Req. Brain Injury Long Term Care 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5325 - Ventilator Dependence 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5326 - Physician Services for Ventilator Dependent Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5403 - HIV Designated Unit Policies and Procedures 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5405 - Physician Services in a HfV Designated Unit 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5407 - Use of Investigational Drugs on the HFV Designated Unit 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5501 - Definitions 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5502 - Physician Reg. for Inpatient Rehab. Facilities or Units 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5507 - Comprehensive Rehabilitation Personnel Administration 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5508 - Comprehensive Inpatient Rehab. Program Staffing Req. 

No Response from Agency 

Rule Wtihdrawn by Agency 
10 NCAC 3C .5512 - Additional Req. for Traumatic Brain Injury Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5513 - Additional Req. for Spinal Cord Injury Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C . 6102 - List of Referenced Codes and Standards 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .6208 - Obstetrical Department Requirements 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2001 - Definitions 



Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2234 



RRC OBJECTIONS 



No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2201 - Administrator 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2202 - Admissions 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2203 - Patients Not to be Admitted 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2206 - Medical Director 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2209 - Infection Control 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2212 - Quality Assurance Committee 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2301 - Patient Assessment and Care Planning 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2302 - Nursing Services 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2308 - Domiciliary Home Personnel Requirements 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2401 - Maintenance of Medical Records 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2501 - Availability of Physician's Services 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2505 - Brain Injury Long-Term Care Physician Services 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2506 - Physician Services for Ventilator Dependent Patients 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2601 - Availability of Pharmaceutical Services 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2604 - Drug Procurement 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2605 - Drug Storage and Disposition 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2606 - Pharmaceutical Records 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2607 - Emergency Drugs 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2701 - Provision of Nutrition and Dietetic Services 



Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Cont'd 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 



2235 



NORTH CAROLINA REGISTER 



December I, 1995 



10:17 



RRC OBJECTIONS 



No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2801 - Activity Services 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .2802 - Social Services 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .3002 - Quality of Specialized Rehabilitation Services 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .3003 - Ventilator Dependence 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .3004 - Brain Injury Long-Term Care 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3005 - Special Nursing Req. for Brain Injury Long-Term Care 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3011 - HIV Designated Unit Policies and Procedures 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .3012 - Physician Services in an HTV Designated Unit 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .3013 - Special Nursing Requirements for an HIV Designated Unit 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .3015 - Use of Investigational Drugs for HTV Designated Units 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .3016 - Additional Social Work Req. for HTV Designated Units 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .3021- Physician Req. for Inpatient Rehab. Facilities or Units 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .3027 - Comprehensive Inpatient Rehab. Program Staffing Req. 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .3031 - Additional Req. for Spinal Cord Injury Patients 

No Response from Agency 

Rule Returned to Agency 
10 NCAC 3H .3103 -Site 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3201 - Required Spaces 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3401 - Heating and Air Conditioning 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3404 - Other 

No Response from Agency 

Agency Revised Rule 



Obj. Cont'd 


09121195 


Obj. Cont'd 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Cont'd 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Cont'd 


10/18/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2236 



RRC OBJECTIONS 



RRC has Objected on 07/13/95 to the Following Repeals in 
10 NCAC 3C .0101 - .0102, .0104 - .0110, .0201 - .0203, 
.0701 - .0708, .0801 - .0805, .0807, .0901 - .0917, .1001 - 
.1405, .1501 - .1508, .1510, .1601 - .1606, .1701 - .1717, 
No Response from Agency 

10 NCAC 3C .1901 - .1912, .1915 - .1932, .2001 - .2008, 

No Response from Agency 

Rules Returned to Agency 
10 NCAC 3H .0108 - .0109, .0206 - .0220, .0306 - .0318, 
.0705 - .0712, .0810 - .0812, .0903 - .0911, .1003 - .1008, 
.1210, .1306- .1308, .1405 - .1406, .1408 - .1410, .1501 

No Response from Agency 



10 NCAC 3C and 10 NCAC 3H: 
.0301 - .0307, .0401 - .0407, .0501 - .0505, 
1102. .1201 - .1204, .1301 - 
2101 - .2105. 

Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



.1006, .1101 - 
. 1801 - . 7505, 



.2020- .2033 



.0407 - .0409, .0505 - .0507, .0510 - .0517, 
.1105 - .1109, .1130- .1136, .1150- .1163, 
■ .1503, .1612 - .1613, .1703 - .1704, .1804 - 

Obj. Cont'd 
Obj. Removed 



0601 - .0604, 
1303, .1401 - 

09/21/95 

10/18/95 

07/13/95 

09/21/95 

10/18/95 

0605 - .0609, 

1204- .1208, 

.1807. 

09/21/95 
10/18/95 



Medical Assistance 



10 NCAC 261 .0101 - Purpose and Scope 

10 NCAC 261 .0102 - Requests for Formal and Informal Appeals 

10 NCAC 261 .0103 - Time Limits on Requests for Recipient/Applicant Informal Appeals 
10 NCAC 261 .0106 - Payment Pending Appeals 
10 NCAC 261 .0107 - Dismissal of Appeal 
Agency Revised Rule 



RRC Objection 


10/18/95 


RRC Objection 


10/18/95 


RRC Objection 


10/18/95 


RRC Objection 


10/18/95 


RRC Objection 


10/18/95 


Obj. Removed 


10/18/95 



LICENSING BOARDS AND COMMISSIONS 



Board of Medical Examiners 



21 NCAC 32H .0506 - Certification Requirement: Emergency Medical Dispatcher 

Agency Revised Rule 
21 NCAC 32N .0002 - Continuances 

Agency Responded - Agency Will Not Revise Rule 



RRC 


' Objection 


08/10/95 


Obj. 


Removed 


09/21/95 


RRC 


' Objection 


08/10/95 


Obj. 


Cont 'd 


09/21/95 



Board of Pharmacy 



21 NCAC 46 .2601 - Dispensing and Delivery 
Agency Revised Rule 
Agency Revised Rule 



RRC Objection 
Obj. Cont'd 
Obj. Removed 



08/10/95 
08/10/95 
09/21/95 



Board of Physical Therapy Examiners 



27 NCAC 48C .0103 - Prohibited Practice 

Rule Withdrawn by Agency 
21 NCAC 48E .01 10 - Foreign-Trained Physical Therapists 

Agency Revised Rule 
21 NCAC 48G .0514 - Continuances 

Agency Revised Rule 
21 NCAC 48H .0703 - Hearings 

Agency Revised Rule 

Board of Practicing Psychologists 

21 NCAC 54 .1702 - Foreign Degree Application Policy 
Agency Revised Rule 





09/21/95 


RRC Objeaion 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objeaion 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objeaion 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objeaion 


09/21/95 


Obj. Removed 


09/21/95 



2237 



NORTH CAROLINA REGISTER 



December I, 1995 10:17 



RRC OBJECTIONS 



^ 



PUBLIC EDUCATION 

Elementary and Secondary Education 

16 NCAC 6D .0106 - Limited English Proficiency Programs 
Rule Withdrawn by Agency 

SECRETARY OF STATE 

Securities Division 

75 NCAC 6 . 1209 - Nonprofit Securities 

Agency Revised Rule 

Rule Returned to Agency 
18 NCAC 6 . 1314 - Escrow Agreements 

Rule Returned to Agency 
18 NCAC 6 .1401 - Application for Registration of Dealers 

Agency Revised Rule 

Rule Returned to Agency 
18 NCAC 6 .1702 - Application for Investment Adviser Registration 

Agency Revised Rule 

Rule Returned to Agency 

STATE PERSONNEL 
Office of State Personnel 

25 NCAC IE . 1408 - Certification 

Agency Revised Rule 
25 NCAC IJ .0615 - Special Provisions 

Agency Revised Rule 



10/18/95 



RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 




09/21/95 


RRC Objection 


08/10/95 




09/21/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 




09/21/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 




09/21/95 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



09/21/95 
09/21/95 
09/21/95 
09/21/95 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2238 



CONTESTED CASE DECISIONS 



Ihis Section conlains thejull text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



f 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 



Division of Purchase and Contract 

Senter-Sandere Tractor Corp. v. Admin., Div of Purchase & Contract 94 DOA 0803 Nesnow 

CMC Maintenance Co., a Div. of RDS Corp. v. Dept. of Administration, 95 DOA 0194 Pbipps 
Div. of Purchase & Contract, et al. 



03/06/95 
06/13/95 



Stale Construction Office 

W. M. Piatt & Company v. Suu Construction Office, DOA 94 DOA 0738 Nesnow 

Holland Group, Inc. v. Dept. of Administration, St. Construction Office 94 DOA 1565 Nesnow 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 



04/11/95 
06/01/95 



10:03 NCR 221 
10:07 NCR 619 



Ali Alsaras v. Alcoholic Beverage Control Commission 
Norman D. Forbes v. Alcoholic Beverage Control Commission 
Ben Sproui and Steve Pauls v. Alcoholic Beverage Control Comm. 
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission 
Robert Johnson v. Alcoholic Beverage Control Commission 
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc. 
John H. Robinson v. Alcoholic Beverage Control Commission 
Clara and Carson Young v. Alcoholic Beverage Control Commission 
Vladimir Walter Kozlik Jr. v. Alcoholic Beverage Control Commission 
Bryan Lynn Whitaker, Susan Ansley Whitaker v. ABC Commission 
Diamond Club, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Weisner, Inc. 
Robert Louis Reese v. Alcoholic Beverage Control Commission 
Ray E. Bailey v. Alcoholic Beverage Control Commission 
Legwin Z. Williams v. Alcoholic Beverage Control Commission 
Taleh Abed Rahman v. Alcoholic Beverage Control Commission 
Sherrill Douglas Langston v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Janice Mae Miles 
Imran Ali Hameerah v. Alcoholic Beverage Control Commission 
and 
City of Raleigh 
Ali Mohamcd Ahmed v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Vladimir Walter Kozlik Jr. 
Mychal R. Hill v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Goldstar Food, Inc. 
Collie Hawkins v. Alcoholic Beverage Control Commission 
Alcoholic Bev Cont Comm. v. Partnership, T/A Royal Knights Soc Club 
Alcoholic Beverage Control Commission v. Lebby Rhew Allen 
Alcoholic Beverage Control Comm. v. Nancy Wheeler Wolfe 
John Edsel Rhodes v. Alcoholic Beverage Control Commission 

BOARD OF CHIROPRACTIC EXAMINERS 



94 ABC 0526 


Chess 


05/16/95 






94 ABC 0787 


Gray 


03/17/95 






94 ABC 1046 


Chess 


08/17/95 






94 ABC 1168 


Becton 


03/07/95 






94 ABC 1661 


West 


05/01/95 






94 ABC 1682 


Chess 


05/03/95 






94 ABC 1694 


Maim 


03/29/95 






94 ABC 1727 


Morrison 


05/18/95 






94 ABC 1729 


Chess 


05/11/95 






94 ABC 1754*'^ 


Mann 


08/02/95 


10:11 NCR 


960 


94 ABC 1784 


Mann 


04/19/95 






94 ABC 1803 


Mann 


04/07/95 






95 ABC 0068 


West 


06/07/95 






95 ABC 0074 


Chess 


05/25/95 






95 ABC 0210 


Gray 


05/01/95 






95 ABC 0224 


Nesnow 


05/31/95 


10:06 NCR 


417 


95 ABC 0323 


Phipps 


08/02/95 






95 ABC 0415 


Nesnow 


08/01/95 


10:10 NCR 


868 


95 ABC 0434 


West 


07/20/95 






95 ABC 0477 


Phipps 


07/14/95 






95 ABC 0487 


Gray 


10/03/95 






95 ABC OSIS*!^ 


Mann 


08/02/95 


10:11 NCR 


960 


95 ABC 0617 


Morrison 


09/08/95 






95 ABC 0678 


Gray 


10/30/95 






95 ABC 0696 


Gray 


10/06/95 






95 ABC 0711 


Phipps 


09/14/95 






95 ABC 0712 


Gray 


10/04/95 






95 ABC 0713 


Phipps 


09/14/95 






95 ABC 0792 


Nesnow 


10/25/95 







I 



Robert J. Manna, D.C. v. Board of Chiropractic Examiners 
CRIME CONTROL AND PUBLIC SAFETY 

Patrick O. Hawkins v. Office of Administrative Hearings 



95 BOC 1105 West 



95 CPS 0361 Phipps 



10/20/95 



08/01/95 



# 



2239 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Crime Victims Compensation Commission 

John Pavlikianidis v. Victims Compensation Commission 

Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 

Phyllis H. Stcinmctz v. Crime Victims Compensation Commission 

Hubert Johnson, Edna J. Carter v. Crime Victims Compensation Comm. 

Wayne L. Utley v. Crime Victims Compensation Commission 

Sandra H. Hughes v. Victims Compensation Commission 

Kristine S. Ray v. Crime Victims Compensation Commission 

Shiriey Moody Myers v. Crime Victims Compensation Commission 

Tliomasine Inman v. Crime Victims Compensation Commission 

Irmgard Gordos v. Crime Victims Compensation Commission 

Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 

Ellen Sherwin v. Crime Vic Comp James Byrum Emp/ Baptist Hosp 

Anthony Harold Stone v. Crime Victims Compensation Commission 

Howard B. Peterson v. Crime Victims Compensation Commission 

Ella Ruth Jordan v. Gary B. Eichelberger Dir., Crime Vic. Comp. Comm. 

Lynn H. Henderson v. CPS, Victims Compensation Commission 

Lanisha Bey v. Crime Victims Compensation Conmiission 

Percible Gaston v. Crime Victims Compensation Commission 

Horton Edward v. Crime Victims Compensation Commission 

David Leo Rice v. CPS, Crime Victims Compensation Commission 

Janet Ring Stevens v. Crime Victims Compensation Commission 

Michael A. Herd v. Crime Victims Compensation Commission 

Juan Aguilar v. Crime Victims Compensation Conmiission 

Albert Lionell Meadows v. Crime Victims Compensation Commission 

John Kuwalik v. Crime Victims Compensation Commission 

Sandra Jones v. Crime Victims Compensation Commission 

Edsel Batts Jr. v. CPS, Crime Victims Compensation Commission 

James T. Todd v. Crime Victims Compensation Conmiission 

Mark Edward Altman v. CPS, Crime Victims Compensation Commission 

Fred McMillan v. Victims Compensation Commission 

Brandi Faith Blalock, Dorothy Smith Blalock v. Crime Vic Comp Comm. 

Roland Lee Kelly, Jr. v. United Family Svcs, Vic Assis/Crime Vic. Comp 

Diane B. Commander v. Crime Victims Compensation Commission 

Danny Ray Bell v. Crime Victims Compensation Commission 

Margie Lunsford v. Crime Victims Compensation Commission 

Donald Ray Williams v. Crime Victims Compensation Commission 

Jill M. LaSanta v. Crime Victims Compensation Commission 

BOARD OF ELECTROLYSIS EXAMINERS 



94 CPS 0237 


Morrison 


03/21/95 


10:02 NCR 176 


94 CPS 0445** 


West 


05/30/95 




94 CPS 0542 


West 


05/16/95 




94 CPS 1177 


Mann 


06/12/95 




94 CPS 1180 


Becton 


03/07/95 




94 CPS 1600 


Morrison 


06/09/95 




94 CPS 1673 


Chess 


04/20/95 




94 CPS 1674 


Chess 


04/20/95 




94 CPS 1731 


Nesnow 


03/09/95 




94 CPS 1782 


Gray 


03/09/95 




95 CPS 0010** 


West 


05/30/95 




95 CPS 0012 


West 


03/22/95 




95 CPS 0115 


Chess 


08/22/95 




95 CPS 0163 


Reilly 


07/06/95 




95 CPS 0181 


West 


06/21/95 




95 CPS 0212 


Morrison 


05/08/95 




95 CPS 0245 


Reilly 


06/02/95 




95 CPS 0270 


Gray 


06/13/95 




95 CPS 0331 


Phipps 


07/25/95 




95 CPS 0335 


Morrison 


09/15/95 




95 CPS 0337 


Gray 


07/21/95 




95 CPS 0349 


Chess 


08/15/95 




95 CPS 0356 


Reilly 


06/22/95 




95 CPS 0373 


Gray 


09/27/95 




95 CPS 0381 


Becton 


07/10/95 




95 CPS 0427 


Nesnow 


06/02/95 




95 CPS 0456 


Phipps 


09/29/95 




95 CPS 0459 


Nesnow 


09/26/95 


10:15 NCR 1624 


95 CPS 0461 


West 


07/25/95 




95 CPS 0481 


Phipps 


10/12/95 




95 CPS 0540 


Phipps 


10/10/95 


10:15 NCR 1628 


95 CPS 0568 


Phipps 


08/09/95 




95 CPS 0591 


Nesnow 


10/19/95 




95 CPS 0737 


Reilly 


09/11/95 




95 CPS 0779 


Becton 


09/19/95 




95 CPS 0788 


Nesnow 


11/17/95 




95 CPS 1029 


Reilly 


10/25/95 





Diane Rawls v. North Carolina Board of Electrolysis Examiners 
E>fVIRONMENT, HEALTH. AND NATURAL RESOURCES 



95 BEE 0173 West 



08/03/95 



94 EHR 0950 Gray 

94 EHR 1676 Nesnow 

94 EHR 1756 Becton 

95 EHR 0016 Phipps 



Concrete Supply Company v. Environment, Health, & Natural Resources 
Setzer Bros. Inc. v. Environment, Health, and Natural Resources 
Environment, Health, & Natural Resources v. Royal James Cafe 
John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR 
and 
Shugart Enterprises, Inc. 
Browning-Ferris Ind. of S. Atlantic, Inc. and Sampson Cty. Disposal, Inc. 95 EHR 0506 West 
V. Dept. of Environment, Health, and Natural Resources, 

and 
Hoke County and Bladen County 
Bruce Wike v. Environment, Health, &. Natural Resources 95 EHR 0560 West 



05/23/95 
03/09/95 
06/30/95 
11/03/95 



06/13/95 



11/15/95 



10:06 NCR 414 



10:08 NCR 696 
10:17 NCR 2279 



Carteret County Health Departnunt 

Elmer &. Pandora Edwards v. Carteret County Health Department 
Coastal Resources 



95 EHR 0075 Nesnow 



10/24/95 



William C. Young v. Coastal Resources Commission 
and 
Robert L. Casper, Jr. and Mary M. Casper 
Howard C. Slack v. Coastal Resources Comm, EHNR 



95 EHR 0009 Chess 



95 EHR 0140 Phipps 



06/13/95 



03/22/95 



10:02 NCR 185 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2240 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Chess 



Chess 



91 EHR 1179*^ 


West 


05/30/95 


92 EHR 0021-' 


Gray 


04/03/95 


92 EHR 0053*' 


Gray 


04/03/95 


93 EHR 0273*' 


West 


05/30/95 


94 EHR 0894 


Nesnow 


05/08/95 


94 EHR 1755 


West 


06/06/95 



Davidson County Health Department 

John Dee Clodfelter v. Davidson County Health Dept.; EHNR 94 EHR 1037 

Environmental Health 

EEE-ZZZ Lay Drain Compnay, Inc. v. On-Site Wastewater Section, 94 EHR 0745 

Division of Environmental Health 



Environmental Management 

United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 

Duke Power Company 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 

Duke Power Company 
United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Kenan Oil Company, Inc. v. EHNR, Div. of Environmental Mgmt. 
Moffitt and Pierce Construction, Inc. v. EHNR, Environmental Mgmt. 



Division of Epidemiology 

Mark Bryant Stocksdale & Wife, Cathie v. EHNR, Div. of Epidemiology 95 EHR 0059 Reilly 

Hyde County Health Department 

Fritzner Henry v. Hyde County Health Department 94 EHR 0924 Gray 

Macon County Health Department 

Four Residents on Genva Circle v. Macon County Health Department 94 EHR 1202 Nesnow 

Marine Fisheries 

Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries 94 EHR 1786 Chess 

Maternal and Child Health 

Jimmy Franklin v. EHNR Maternal & Child Hlth, Nutrition Services 

Middleburg Variety v. EHNR, Maternal & Child Health, Nutrition Svcs. 

Taisser Shehadeh v. EHNR, Maternal & Child Health, Nutrition Svcs. 

Philip Haskins v. EHNR, Div. of Maternal & Child Health 

Food City, Inc. v. Dept of Environment, Health, & Natural Resources 

Cameron Brian White v. EHNR, Maternal & Child Health, Nutrition Svcs. 95 

Barbara R. Amer d/b/a 31 1 Grocery Store v. EHNR 

Sameer Mohammed Dari v. EHNR, Maternal & Child Health, Nutn Svcs. 95 

Goldston Grocery, Larry Mis v. EHNR, Div. of Maternal & Child Health 95 

Barbara R. Amer d/b/a 31 1 Grocery Store v. EHNR 

Donnie Blalock v. EHNR, Maternal & Child Health, Nutrition Svcs. 

New Hanover County Health Department 

Gus Kalogiros v. New Hanover Co. (Health Dept.), Adm & Env. Svcs 94 EHR 1073 Morrison 

Pitt County Public Health Center 

Mary Joyner Dudley v. Pitt County Public Health Center & EHNR 94 EHR 1043 Gray 

Tony P. Moore v. EHNR, & Pitt County Public Health Center 95 EHR 0537 Reilly 

Division of Solid Waste Management 

Cherokee Resources Inc. v. EHNR, Div. of Solid Waste Management 92 EHR 1028 Phipps 

Joyce Hildreth v. EHNR, Division of Solid Waste Management 95 EHR 0851 Morrison 



03/13/95 



04/24/95 



10/30/95 



03/09/95 



03/27/95 



05/22/95 



94 EHR 0288 


Gray 


05/22/95 


94 EHR 1601 


Chess 


05/01/95 


94 EHR 1711 


Chess 


05/02/95 


94 EHR 1777 


Chess 


03/09/95 


95 EHR 0372 


Reilly 


08/10/95 


95 EHR 0687 


Nesnow 


10/19/95 


95 EHR 0706*" 


Reilly 


10/23/95 


95 EHR 0853 


Gray 


10/10/95 


95 EHR 0869 


Becton 


09/13/95 


95 EHR 0874*'^ 


Reilly 


10/23/95 


95 EHR 0892 


Gray 


09/14/95 



04/28/95 



06/27/95 
10/09/95 



09/29/95 
09/13/95 



10:14 NCR 1410 



-*^ Consolidated cases. 



2241 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



95 DHR 0216 


Reilly 


06/02/95 


95 DHR 0366 


Rcilly 


07/19/95 


95 DHR 0507 


West 


10/18/95 



Wayne Cowtty Department of Health 

Habib Abdallah v. Wayne County Department of Health (WIC Program) 95 EHR 0864 Hiipps 

EQUAL EMPLOYMENT OPPORTUNITY 

Maraha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center 90 EEC 0379 Chess 

HUMAN RESOURCES 



Veronica Spearman, John P. Spearman v. Dept. of Human Resources 
Sandra Jean Taylor v. Department of Human Resources 
Claudia Toriola v. Department of Human Resources 

Division of Child Development 

lola Malloy v. DHR, Division of Child Development 

Helen J. Walls, D/B/A Walls Young World v. Dept. of Human Resources 

Samuel Simmons & Wife, Alphia Mack Simmons v. Human Resources 

Willie & Pamela Sturgess v. DHR, Division of Child Development 

Esther Elder v. DHR, Division of Child Development 

Theresa B. Thomas v. DHR, Division of Child Development 

Ellen H. Sams v. DHR, Division of Child Development 

Dixie Jenkins v. DHR, Division of Child Dev., Elizabeth Alexander 

Hill Street Day Care Center v. DHR, Division of Child Development 

Chapel Hill Day Care Center, Nancy Taylor v. DHR, Div. of Child Dev. 

Division of Facility Services 

William H. Cooke v. DHR, Division of Facility Services 

Mildred Reece, Calvin Recce v. DHR, Division of Facility Services 

Domiciliary & Group Care Section 
Lisa Marie Shanks v. Department of Human Resources 
Brenda I. McAllister v. DHR, Division of Facility Services 
Henry Brown, Sr. v. Department of Human Resources 



94 DHR 0849 


Mann 


94 DHR 1362 


Becton 


94 DHR 1617 


Gray 


94 DHR 1631 


Reilly 


94 DHR 1771 


Reilly 


95 DHR 0268 


Morrison 


95 DHR 0293 


Phipps 


95 DHR 0315 


West 


95 DHR 0407 


Chess 


95 DHR 0450 


Phipps 



Bingo Licensure Section 



95 DHR 0040 Morrison 



The Regular Veterans Association of the United States and the Sixteen 
Posts of the Regular Veterans Association of the United States and the 
Regular Veterans Association Auxiliary Located in the Stale of North 
Carolina v. DHR, Division of Facility Services, Bingo Licensure Section 

Certificate of Need Section 



The Carrolton of FayetteviUe, Inc. and Highland House of Faycttcville, 94 DHR 0197*' Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
The Carrolton of FayetteviUe, Inc. and Highland House of FayetteviUe, 94 DHR 0198*^ Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
Retirement Villages, Inc. (Lessor), and Liberty Healthcare Lid. 94 DHR 0403 Chess 

Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR, 

Division of Facility Services, Certificate of Need Section 
and 

Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/ 

Wallace, Inc. 
Gordon G. Koltis, M.D., Carolina Radiation & Cancer Treatment Center, 94 DHR 1820 Chess 

P. A., and Carolina Radiation Medicine, P. A. v. DHR, Div. of Facility 

Services, Certificate of Need Section, 
and 

Pitt County Memorial Hospital, Inc. 



09/27/95 



04/03/95 



03/03/95 
03/20/95 
09/13/95 
07/10/95 
03/17/95 
07/14/95 
08/08/95 
08/25/95 
10/13/95 
06/02/95 



94 DHR 0565 


Gray 


03/16/95 


94 DHR 1783 


Gray 


03/16/95 


95 DHR 0121 


West 


08/03/95 


95 DHR 0149 


West 


09/11/95 


95 DHR 0526 


Becton 


10/05/95 



04/13/95 



04/05/95 



04/05/95 



12/14/94 



09/25/95 



10; 13 NCR 1205 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2242 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



93 DHR 1736 


Reilly 


05/22/95 


93 DHR 1737 


Reilly 


05/22/95 


94 DHR 1170 


Reilly 


10/18/95 



94 DHR 1627 


Morrison 


07/06/95 


95 DHR 0448 


Ncanow 


10/24/95 


95 DHR 0488 


Phipps 


10/31/95 



Office of Emergency Medical Services 

Charles M. En^in v. DHR, Facility Svcs. Off. of Emgcy. Medical Svcs. 92 DHR 1697 Chess 
Medical Facilities Licensure Section 



Shelia Mane Hall v. DHR, Div/Facility Svce., Med. Facilities Lie. Sec. 95 DHR 0307 
Joe Junior Bailey v. DHR, Div/Facility Svcs.. Med. Facilities Lie. Sec. 95 DHR 0322 
Linda Faye Taylor v. DHR. Div/Facility Svcs., Med. Facilities Lie. Sec. 95 DHR 0410 
Evangeline of King. Inc. v. DHR. Div/Fac Svcs. Med. Facilities Lie. Sec. 95 DHR 0413 
Nicole Murphy v. DHR, Div/Facility Svcs, Med. Facilities Lie. See. 95 DHR 0863 



Division of Medical Assistance 

A.S.. by and through her agent and personal representative. Hank Neai 

V. DHR. Division of Mcdieal Assistance 
D.A., by and through his agent and personal representative. Hank Ncal 

V. DHR. Division of Medical Assistance 
Stephen K.. &. Christopher &- Katina Komorek v. DHR, Med Assistance 

Division of Social Services 

Cecilia Y. Wall, William S. Wall v. Department of Human Resources 

Sandra M. Hawkins v. DHR. Division of Social Scr\'icc8 

Robert A. Byers, Sharon L. Byers v. DHR. Div. of Social Services 

ChiUJ Support Enforcemeni Section 

Daniel J. Carter v. Department of Human Resources 
Shawn Dominic Caldwell v. Department of Human Resources 
William Zonta Thompson v. Department of Human Resources 
Jackie E. Hackney v. Department of Human Resources 
Lenzo Davis v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 
Dennis E. BarkJey v. Department of Human Resources 
Clement McMillan v. Department of Human Resources 
Herbert James Jackson lU v. Department of Human Resources 
Lany James Walker Jr. v. Department of Human Resources 
James R. Gray v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
John D. Bird v. Department of Human Resources 
Lacy Green, Jr. v. Department of Human Resources 
Leon McNair v. Department of Human Resources 
Edwin A. Clarke v. Department of Human Resources 
Wolfgang R. Walker v. Department of Human Resources 
Wyatt Roseboro v. Department of Human Resources 
Lloyd Lane Speake v. Department of Human Resources 
Raymond E. Dresser v. Department of Human Resources 
Terry L. Voder v. Department of Human Resources 
Ronald E. Lewis v. Department of Human Resources 
Richard L. Hiott v. Department of Human Resources 
Cecil Ray Hinshaw v. Department of Human Resources 
Terr) C. Brown v. Department of Human Resources 
Paul R. Johnson v. Department of Human Resources 
Henry C. Banks v. Department of Human Resources 
Lucille B. rXitler v. Department of Human Resources 
Charles Baseom Kiker v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Tony M. Tart v. Department of Human Resources 
Wade E. Hampton v. Department of Human Resources 
Cecedrick Scott v. Department of Human Resources 
Gary Jay Stocks v. Department of Human Resources 
Paul E. Strawcutter v. Department of Human Resources 
John L. Osborne (Jr.) v. Department of Human Resources 
Richard L. Garver v. Department of Human Resources 
Jerry Glasper v. Department of Human Resources 
Cary G. Dannelly v. Department of Human Resources 



DATE OF 
DECISION 



05/16/95 



Ncsnow 


08/11/95 


Becton 


09/13/95 


Morrison 


11/09/95 


Reilly 


08/14/95 


Becton 


10/20/95 



91 CSE 


1103 


Morrifion 


03/03/95 


92 CSE 


1449 


Reilly 


03/29/95 


92 CSE 


1559 


Reilly 


03/29/95 


93 CSE 


1088 


Chess 


03/20/95 


93 CSE 


1111 


Becton 


07/12/95 


93 CSE 


1123*5 


Reilly 


05/16/95 


93 CSE 


1169 


Chess 


03/08/95 


93 CSE 


1187 


Reilly 


06/30/95 


93 CSE 


1208 


Chess 


03/08/95 


93 CSE 


1209 


Mann 


08/11/95 


93 CSE 


1255 


Morrison 


06/12/95 


93 CSE 


1268 


Chess 


03/08/95 


93 CSE 


1270*'" 


Becton 


07/28/95 


93 CSE 


1272 


Gray 


06/26/95 


93 CSE 


1295 


Chess 


03/08/95 


93 CSE 


1317 


Becton 


04/04/95 


93 CSE 


1319 


Chess 


03/08/95 


93 CSE 


1374 


Gray 


04/28/95 


93 CSE 


1423 


Becton 


04/25/95 


93 CSE 


1451 


Chess 


03/22/95 


93 CSE 


1459 


Reilly 


06/23/95 


93 CSE 


1498 


Nesnow 


06/02/95 


93 CSE 


1508 


Mann 


05/18/95 


93 CSE 


1509 


Mann 


04,'21/95 


93 CSE 


1513 


Gray 


05/08/95 


93 CSE 


1516 


Morrison 


05/08/95 


93 CSE 


1546 


Gray 


06/27/95 


93 CSE 


1556 


Chess 


03/22/95 


93 CSE 


1558 


Chess 


03/13/95 


93 CSE 


1561 


Mann 


04/21/95 


93 CSE 


1566*' 


Gray 


05/31/95 


93 CSE 


1588 


Becton 


06/08/95 


93 CSE 


1593 


Chess 


04/20/95 


93 CSE 


1651 


Chess 


07/20/95 


93 CSE 


1652 


Chess 


03/21/95 


93 CSE 


1713 


Mann 


03/13/95 


94 CSE 0140 


Mann 


05/30/95 


94 CSE 0512 


Becton 


06/12/95 


94 CSE 


1016 


Nesnow 


07/21/95 


94 CSE 1033 


Nesnow 


03/24/95 



PUBLISHED DECISION 
REGISTUt CITATION 



10:06 NCR 409 



f 



I 



I 



2243 



NORTH CAROUNA REGISTER 



December 1, 1995 



10:17 



CONTESTED CASE DECISIONS 



AGENCY 



Robert G. Baker v. Department of Human Resources 

Tyrone Waddell v. Department of Human Resources 

Robert R. Thomas v. Department of Human Resources 

Bernard T. Wade v. Department of Human Resources 

Robert Earl While v. Department of Human Resources 

Willie Scott v. Department of Human Resources 

Rochester Levi Jones v. Department of Human Resources 

Timothy Brian EUer v. Department of Human Resources 

Marvin Massey v. Department of Human Resources 

Morgan Pate, Jr. v. Department of Human Resources 

Robert E. Dudley, Sr. v. Department of Human Resources 

Julian Lattimore v. Department of Human Resources 

James McFadden v. Department of Human Resources 

Wesley B. Meggs v. Department of Human Resources 

Anthony D. McCain v. Department of Human Resources 

John C. Kay v. Department of Human Resources 

Raymond B. Clontz Jr. v. Department of Human Resources 

James C. Rogers v. Department of Human Resources 

Ruby Fewell Henry v. Department of Human Resources 

Michael Leon McCain v. Department of Human Resources 

James A. Honer v. Department of Human Resources 

George C. Flowers v. Department of Human Resources 

Kendrick William Sims v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Michael W. Bowen v. Department of Human Resources 

Roderick J. Smith v. Department of Human Resources 

Richard Dill v. Department of Human Resources 

James E. Freeman v. Department of Human Resources 

Jonathan D. Cauthen v. Department of Human Resources 

Ronnie J. Goina v. Department of Human Resources 

Ted C. Jenkins v. Department of Human Resources 

Anthony J. Gibbons v. Department of Human Resources 

Robert Wilson v. Department of Human Resources 

Grant Jules Marks v. Department of Human Resources 

Aaron C. Harris v. Department of Human Resources 

Donald L. Costello Sr. v. Department of Human Resources 

Kelvin L. Lankford v. Department of Human Resources 

Jeffrey Thomas Chambers v. Department of Human Resources 

Robert J. Holden v. Department of Human Resources 

Janet M. Johnson v. Department of Human Resources 

Michael L. Wright v. Department of Human Resources 

Amanda F. Blount v. Department of Human Resources 

Terry S. Gurganus v. Department of Human Resources 

John Napoleon Window Cross Pullium v. Dept of Human Resources 

Charles F. Haag Jr. v. Department of Human Resources 

Michael J. Montroy v. Department of Human Resources 

Linton Durante v. Department of Human Resources 

Timothy Rex Waddell v. Department of Human Resources 

Clarence Benjamin Banks Jr. v. Department of Human Resources 

Warren M. Williams v. Department of Human Resources 

Dennis L. Moore v. Department of Human Resources 

Dennis W. Cashion v. Department of Human Resources 

John Carroll Rodgers v. Department of Human Resources 

James Edward Knox, Jr. v. Department of Human Resources 

Kimberly M. Rinaldi, Robert L. Rinaldi v. Depl. of Human Resources 

David House v. Department of Human Resources 

Jerry Wayne Blanton v. Department of Human Resources 

Antonio Staton v. Department of Human Resources 

Aquslin S. Sanchez v. Department of Human Resources 

Fred Carter Jr. v. Department of Human Resources 

Ricky Ratliff v. Department of Human Resources 

Willie McNeil Jr. v. Department of Human Resources 

Ray Douglas Brickhouse v. Department of Human Resources 

Tyron G. Moore v. Department of Human Resources 

Paul A. Card v. Department of Human Resources 

James P. Barton, HI v. Department of Human Resources 

Darrin Yancey v. Department of Human Resources 

Douglas L. Lucas v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


i^J 


DECISION 


94 CSE 1094 


Chess 


03/06/95 


94 CSE 1096 


Mann 


05/30/95 


94 CSE 1 100 


Becton 


07/28/95 


94 CSE 1101 


Bee ton 


04/03/95 


94 CSE 1102 


Chess 


08/08/95 


94 CSE 1109 


Chess 


06/28/95 


94 CSE 1116 


Chess 


05/15/95 


94 CSE 1119 


Reilly 


03/29/95 


94 CSE 1125 


Mann 


10/09/95 


94 CSE 1127 


Mann 


03/20/95 


94 CSE 1 128 


Mann 


03/31/95 


94 CSE 1131 


Reilly 


03/13/95 


94 CSE 1132 


West 


03/14/95 


94 CSE 1 137 


Gray 


08/09/95 


94 CSE 1141 


Nesnow 


05/16/95 


94 CSE 1143 


Chess 


04/13/95 


94 CSE 1149 


Nesnow 


03/03/95 


94 CSE 1153 


Gray 


04/04/95 


94 CSE 1157 


Nesnow 


03/16/95 


94 CSE 1158 


Becton 


05/16/95 


94 CSE 1160 


Mann 


08/03/95 


94 CSE 1184 


Mann 


05/02/95 


94 CSE 1186 


Chess 


05/01/95 


94 CSE 1191 


West 


05/25/95 


94 CSE 1192 


Nesnow 


07/21/95 


94 CSE 1193 


Becton 


06/26/95 


94 CSE 1195 


Mann 


03/29/95 


94 CSE 1 199 


West 


07/18/95 


94 CSE 1213 


Chess 


06/01/95 


94 CSE 1214 


Chess 


06/01/95 


94 CSE 1218 


Gray 


03/15/95 


94 CSE 1219 


Gray 


03/15/95 


94 CSE 1220 


Gray 


07/21/95 


94 CSE 1222 


Morrison 


06/13/95 


94 CSE 1225 


Reilly 


04/10/95 


94 CSE 1228 


West 


03/17/95 


94 CSE 1229 


West 


03/17/95 


94 CSE 1231 


Nesnow 


03/03/95 


94 CSE 1232 


Nesnow 


03/15/95 


94 CSE 1236 


Mann 


06/02/95 


94 CSE 1237 


Gray 


03/15/95 


94 CSE 1238 


Gray 


11/14/95 


94 CSE 1239 


Gray 


03/02/95 


94 CSE 1241 


Gray 


03/15/95 


94 CSE 1242 


Gray 


05/31/95 


94 CSE 1244 


Morrison 


03/13/95 


94 CSE 1245 


Morrison 


06/26/95 


94 CSE 1246 


Morrison 


06/26/95 


94 CSE 1247 


Morrison 


05/17/95 


94 CSE 1248 


Morrison 


07/11/95 


94 CSE 1249 


Morrison 


03/02/95 


94 CSE 1250 


Morrison 


07/10/95 


94 CSE 1251 


Reilly 


05/18/95 


94 CSE 1254 


Reilly 


03/13/95 


94 CSE 1255 


Reilly 


05/18/95 


94 CSE 1256 


Reilly 


03/15/95 


94 CSE 1257 


Reilly 


08/11/95 


94 CSE 1258 


West 


07/21/95 


94 CSE 1259 


West 


03/06/95 


94 CSE 1260 


West 


05/22/95 


94 CSE 1261 


West 


03/17/95 


94 CSE 1262 


West 


03/17/95 


94 CSE 1263 


West 


03/17/95 


94 CSE 1264 


West 


03/17/95 


94 CSE 1266 


Nesnow 


03/13/95 


94 CSE 1267 


Nesnow 


06/02/95 


94 CSE 1269 


Nesnow 


03/15/95 


94 CSE 1270 


Nesnow 


03/15/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2244 



CONTESTED CASE DECISIONS 



AGENCY 



Gregory D. Simpson v. Department of Human Resources 

Lewis A. Garris v. Department of Human Resources 

Michael Lynn Avery v. Department of Human Resources 

Elvis M. Graham v. Department of Human Resources 

Shawn Fonville v. Department of Human Resources 

David Allan Blan v. Department of Human Resources 

James Lee. Jr. v. Department of Human Resources 

Noah L. Houston, Sr. v. Department of Human Resources 

Wilma Lee Burton v. Department of Human Resources 

Shannon Vanderaa v. Department of Human Resources 

Anthony Murray v. Department of Human Resources 

Carl J. McGuirc v. Department of Human Resources 

Tommy L. Burchficld v. Department of Human Resources 

Virgil L. Newby v. Department of Human Resources 

Gregory A. Rodrigues v. Department of Human Resources 

Nelson D. Edmonds v. Department of Human Resources 

Larry R. Bales v. Department of Human Resources 

Karl Philip Jurscn v. Department of Human Resources 

David Harrington v. Department of Human Resources 

Sterling Womack v. Department of Human Resources 

Michael L. Franks v. Department of Human Resources 

Hubert Bowe v. Department of Human Resources 

Edward Fitch v. Department of Human Resources 

Otis Lewis Jr. v. Department of Human Resources 

Robert F. Caloe Jr. v. Department of Human Resources 

William Anthony Winchester v. Department of Human Resources 

Aaron L- Clark v. Department of Human Resources 

Vincent R. Valles Sr. v. Department of Human Resources 

Gary W. Gibson v. Department of Human Resources 

Mark A. West v. Department of Human Resources 

John E. Bolas Jr. v. Department of Human Resources 

Gary C. Wiggins v. Department of Human Resources 

Rhonnie J. Williams v. Department of Human Resources 

Danny Ray Hensley v. Department of Human Resources 

Stanley Moore v. Department of Human Resources 

Rawn Weigel v. Department of Human Resources 

David C. Glenn v. Department of Human Resources 

Marc F. Carboni v. Department of Human Resources 

Ivy M. Harvell v. Department of Human Resources 

Terry L. McMillon v. Department of Human Resources 

Garry G. Hickman v. Department of Human Resources 

Willie Herring v. Department of Human Resources 

Joe C. Dean v. Department of Human Resources 

Jimmie E. Barnes v. Department of Human Resources 

Cecilia Carmosino v. Department of Human Resources 

Marvin F. Walker v. Department of Human Resources 

Terry L. Yoder v. Department of Human Resources 

Richard J. Almeida v. Department of Human Resources 

Gar>' E. Mills v. Department of Human Resources 

Michael R, French v. Department of Human Resources 

William R. Casey v. Department of Human Resources 

John A. Jackson v. Department of Human Resources 

Michael R. Roberts v. Department of Human Resources 

Kevin R. Nienke v. Department of Human Resources 

Cleothis B. Smith v. Department of Human Resources 

Leroy Johnson Jr. v. Department of Human Resources 

James Patterson v. Department of Human Resources 

Thomas Colon v. Department of Human Resources 

Walter Swimiak Jr. v. Department of Human Resources 

Michael R. Strong v. Department of Human Resources 

Marion Rodriguez v. Department of Human Resources 

Van Edward Arrington v. Department of Human Resources 

Jerry L. V^Tiite Sr. v. Department of Human Resources 

Dennis James Grimes v. Department of Human Resources 

Scott John Tozzi v. Department of Human Resources 

Wylie Norris Cooper Jr. v. Department of Human Resources 

Roger A. Eaton v. Department of Human Resources 

Willie J. Howers Jr. v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1272 


Becton 


03/15/95 


94 CSE 1273 


Becton 


07/28/95 


94 CSE 1274 


Becton 


03/15/95 


94 CSE 1275 


Becton 


03/15/95 


94 CSE 1277 


Becton 


03/06/95 


94 CSE 1279 


Cbeag 


07/26/95 


94 CSE 1280 


Chess 


04/10/95 


94 CSE 1284 


Chess 


04/26/95 


94 CSE 1285 


Chess 


07/12/95 


94 CSE 1286 


Mann 


03/21/95 


94 CSE 1287 


Mann 


03/21/95 


94 CSE 1288 


Mann 


08/03/95 


94 CSE 1289 


Mann 


03/21/95 


94 CSE 1290 


Mann 


08/11/95 


94 CSE 1300 


Mann 


03/21/95 


94 CSE 1301 


Gray 


07/27/95 


94 CSE 1302 


Gray 


03/02/95 


94 CSE 1303 


Gray 


03/15/95 


94 CSE 1304 


Morrison 


05/22/95 


94 CSE 1305 


Morrison 


05/18/95 


94 CSE 1307 


Gray 


09/21/95 


94 CSE 1308 


Mann 


05/18/95 


94 CSE 1313 


Mann 


05/02/95 


94 CSE 1314 


Mann 


03/21/95 


94 CSE 1329 


Morrison 


03/15/95 


94 CSE 1331 


Reilly 


03/15/95 


94 CSE 1332 


ReiUy 


03/15/95 


94 CSE 1333 


West 


03/17/95 


94 CSE 1334 


West 


03/06/95 


94 CSE 1335 


West 


03/17/95 


94 CSE 1336 


Nesnow 


03/15/95 


94 CSE 1338 


Nesnow 


03/15/95 


94 CSE 1339 


Becton 


03/15/95 


94 CSE 1340 


Becton 


03/15/95 


94 CSE 1341 


Becton 


07/28/95 


94 CSE 1342 


Chess 


05/22/95 


94 CSE 1343 


Chess 


04/20/95 


94 CSE 1344 


Chess 


06/01/95 


94 CSE 1345 


Mann 


03/21/95 


94 CSE 1346 


Mann 


03/21/95 


94 CSE 1348 


Gray 


03/15/95 


94 CSE 1350 


Morrison 


03/02/95 


94 CSE 1351 


Morrison 


03/15/95 


94 CSE 1352 


Reilly 


03/03/95 


94 CSE 1354 


West 


03/17/95 


94 CSE 1355 


West 


03/17/95 


94 CSE 1356 


Nesnow 


10/16/95 


94 CSE 1357 


Nesnow 


03/15/95 


94 CSE 1358 


Becton 


08/29/95 


94 CSE 1359 


Becton 


03/15/95 


94 CSE 1369 


Mann 


05/02/95 


94 CSE 1370 


Mann 


03/07/95 


94 CSE 1371 


Mann 


03/21/95 


94 CSE 1372 


Gray 


07/18/95 


94 CSE 1373 


Gray 


03/15/95 


94 CSE 1377 


Mann 


03/31/95 


94 CSE 1378 


Morrison 


03/15/95 


94 CSE 1379 


Reilly 


03/15/95 


94 CSE 1382 


West 


03/17/95 


94 CSE 1383 


West 


07/18/95 


94 CSE 1385 


Nesnow 


03/03/95 


94 CSE 1386 


West 


07/18/95 


94 CSE 1387 


Nesnow 


03/15/95 


94 CSE 1388 


Becton 


03/15/95 


94 CSE 1389 


Becton 


03/15/95 


94 CSE 1391 


Mann 


08/30/95 


94 CSE 1392 


Gray 


03/09/95 


94 CSE 1393 


Morrison 


03/15/95 



PUBLISHED DECISION 
REGISTER CITATION 



f 



< 



• 



2245 



NORTH CAROLINA REGISTER 



December I, 1995 



10:17 



CONTESTED CASE DECISIONS 



AGENCY 



Jeffrey James Spcnce v. Department of Human Resources 

Byron C. Alston v. Department of Human Resources 

Oliver Lcc Wolfe Sr. v. Department of Human Resources 

James Tracy Strickland v. Department of Human Resources 

Michael K. Reese v. Department of Human Resources 

Albert D. Johnson v. Department of Human Resources 

Johnny A. Stroud v. Department of Human Resources 

Richard G. Medford, Jr. v. Department of Human Resources 

Theresa Strader v. Department of Human Resources 

James F. Williams v. Department of Human Resources 

John Bell Shelton v. Department of Human Resources 

Kennedy C. Uzomba v. Department of Human Resources 

Marion A. Ward v. Department of Human Resources 

Robert H. Owens v. Department of Human Resources 

Samuel A. Lewis v. Department of Human Resources 

Robert Lee Wall v. Department of Human Resources 

James M. Breadcn Jr. v. Department of Human Resources 

Peter G. Coley v. Department of Human Resources 

Benjamin Nuriddin v. Department of Human Resources 

Robert L. Carter v. Department of Human Resources 

Danny Columbus Baker v. Department of Human Resources 

Duke William Dupre' v. Department of Human Resources 

Audrey Jennings v. Department of Human Resources 

Robert S. Moore v. Department of Human Resources 

Michael A. Camp v. Department of Human Resources 

Martin J. Miller v. Department of Human Resources 

Steven L. Cox v. Department of Human Resources 

Michael P. Cleary v. Department of Human Resources 

Willie Cherry, Jr. v. Department of Human Resources 

Michael D. Guyther v. Department of Human Resources 

Charlie Sturdivant v. Department of Human Resources 

William V. Glennon v. Department of Human Resources 

Alaster Williams v. Department of Human Resources 

Henry L. Gibbs v. Department of Human Resources 

Roger Gene Fehlhaber v. Department of Human Resources 

Donald Ray Soils v. Department of Human Resources 

Lawrence Dow Dean v. Department of Human Resources 

Beau L. Miller v. Department of Human Resources 

Claude E. Alston v. Department of Human Resources 

Elizabeth F. West v. Department of Human Resources 

John H. Underwood v. Department of Human Resources 

James T. Dudley Jr. v. Department of Human Resources 

Cornelius L. Jones v. Department of Human Resources 

Lori Davis Humphrey v. Department of Human Resources 

Robert L. Freeland, Jr. v. Department of Human Resources 

Antonio Darden (TV-D #1237637) v. Department of Human Resources 

Antonio Darden (TV-D #1280116) v. Department of Human Resources 

Antonio Darden (TV-D #1233347) v. Department of Human Resources 

Leonard Keith Morgan v. Department of Human Resources 

Michael Shannon v. Department of Human Resources 

Scott Thackrah v. Department of Human Resources 

Cyrus R. Luallen v. Department of Human Resources 

Harold Dean Horn v. Department of Human Resources 

James B. Miller v. Department of Human Resources 

Glenn Allison v. Department of Human Resources 

Louis R. Salamone v. Department of Human Resources 

Lee R. Jones v. Department of Human Resources 

Randy Norris Willis v. Department of Human Resources 

Michael E. Bellamy v. Department of Human Resources 

Eddie James Johnson v. Department of Human Resources 

Coley C. Matthews v. Department of Human Resources 

Willie J. Gadson v. Department of Human Resources 

Joseph K. Gatewood v. Department of Human Resources 

Donald Lee Barcliff v. Department of Human Resources 

James W. Nunnery v. Department of Human Resources 

Terrance Freeman v. Department of Human Resources 

William Leroy Watkins v. Department of Human Resources 

Bailey White v. Department of Human Resources 



CASE 




DATE OF 


IWMBER 


ALJ 


DECISION 


94 CSE 1394 


Reilly 


03/15/95 


94CSE 


1396 


Ncenow 


03/03/95 


94 CSE 


1397 


Mann 


03/31/95 


94 CSE 


1398 


Mann 


03/31/95 


94 CSE 


1412 


Gray 


03/31/95 


94 CSE 


1413 


Gray 


06/26/95 


94 CSE 


1414 


Gray 


06/27/95 


94 CSE 


1415 


Morrison 


03/02/95 


94 CSE 


1416 


Morrison 


03/21/95 


94 CSE 1417 


Morrison 


03/21/95 


94 CSE 1419 


Morrison 


06/26/95 


94 CSE 


1420 


Reilly 


04/03/95 


94 CSE 


1421 


Reilly 


03/03/95 


94 CSE 


1423 


Reilly 


06/02/95 


94 CSE 


1424 


Reilly 


04/03/95 


94 CSE 


1425 


West 


03/31/95 


94 CSE 1426 


West 


03/31/95 


94 CSE 1427 


West 


03/31/95 


94 CSE 


1429 


West 


03/31/95 


94 CSE 1430 


Ncsnow 


03/24/95 


94 CSE 


1431 


Nesnow 


03/24/95 


94 CSE 


1432 


Nesnow 


03/24/95 


94 CSE 


1433 


Nesnow 


03/24/95 


94 CSE 


1434 


Nesnow 


07/11/95 


94 CSE 1435 


Becton 


03/06/95 


94 CSE 


1436 


Becton 


03/06/95 


94 CSE 


1437 


Becton 


07/28/95 


94 CSE 


1438 


Becton 


07/05/95 


94 CSE 


1439 


Chess 


03/03/95 


94 CSE 


1441 


Chess 


07/18/95 


94 CSE 


1442 


Chess 


06/29/95 


94 CSE 1444 


Mann 


03/07/95 


94 CSE 1445 


Gray 


03/02/95 


94 CSE 


1446 


Morrison 


03/21/95 


94 CSE 


1447 


Reilly 


04/03/95 


94 CSE 1449 


Nesnow 


07/26/95 


94 CSE 


1450 


Gray 


06/09/95 


94 CSE 


1452 


West 


03/07/95 


94 CSE 


1454 


Nesnow 


04/17/95 


94 CSE 


1455 


Nesnow 


03/07/95 


94 CSE 


1456 


Nesnow 


04/17/95 


94 CSE 1457 


Nesnow 


04/28/95 


94 CSE 


1458 


Nesnow 


08/10/95 


94 CSE 


1459 


Becton 


03/06/95 


94 CSE 


1460 


Becton 


04/07/95 


94 CSE 1461 


Becton 


04/07/95 


94 CSE 


1462 


Becton 


04/07/95 


94 CSE 


1463 


Becton 


04/07/95 


94 CSE 


1464 


Chess 


08/15/95 


94 CSE 


1466 


Chess 


06/09/95 


94 CSE 


1468 


Chess 


07/20/95 


94 CSE 


1470 


Mann 


03/31/95 


94 CSE 


1471 


Mann 


03/07/95 


94 CSE 


1472 


Mann 


03/07/95 


94 CSE 


1473 


Gray 


03/02/95 


94 CSE 


1474 


Gray 


03/09/95 


94 CSE 


1475 


Gray 


05/19/95 


94 CSE 


1476 


Morrison 


03/21/95 


94 CSE 


1477 


Morrison 


03/02/95 


94 CSE 


1478 


Morrison 


03/02/95 


94 CSE 


1479 


Morrison 


03/21/95 


94 CSE 


1480 


Reilly 


04/10/95 


94 CSE 


1481 


Reilly 


06/26/95 


94 CSE 


1482 


Reilly 


04/10/95 


94 CSE 


1484 


Nesnow 


04/17/95 


94 CSE 


1485 


Nesnow 


07/1 1/95 


94 CSE 


I486 


Nesnow 


04/17/95 


94 CSE 


1487 


Nesnow 


05/23/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:17 



NORTH CAROLINA REGISTER 



December I, 1995 



2246 



CONTESTED CASE DECISIONS 



AGENCY 



Shannon Woodall v. Department of Human Resources 

Peter Ian Oliveira v. Department of Human Resources 

Karlyn R. Foster v. Department of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

Wesley Kelvin Cook v. Department of Human Resources 

Everett Lcc Hunt v. Department of Human Resources 

Kenneth W. Cahoon v. Department of Human Resources 

Ricky S. Blake v. Department of Human Resources 

Rick E. Atkins v. Department of Human Resources 

Timothy James Burnett v. Department of Human Resources 

Carlos L. Robinson v. Department of Human Resources 

Eddie O. Toro v. Department of Human Resources 

Timothy Mark Johnson v. Department of Human Resources 

Alan W. Karsner v. Department of Human Resources 

Walter J. Sturdivant v. Department of Human Resources 

Volna Ramone Gales v. Department of Human Resources 

Bruce Kelly Jacobs v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Ronald O. Biggs v. Department of Human Resources 

Keith Dewaync Senters v. Department of Human Resources 

Walter E. Champion Jr. v. Department of Human Resources 

Marvin B. Harris v. Department of Human Resources 

Jay C. Edwards, HI v. Department of Human Resources 

William Hyman v. Department of Human Resources 

David M. Manson v. Department of Human Resources 

Mahalon E. White v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R. & Linda M. Grooms v. Department of Human Resources 

Robert M. Martin v. Department of Human Resources 

Ashlon Berry Gatlin v. Department of Human Resources 

Louis Cragg HI v. Department of Human Resources 

Dennis Micheal Sanders v. Department of Human Resources 

Anthony Bonini v. Department of Human Resources 

Jerry Wallace v. Department of Human Resources 

John D. Twine Sr. v. Department of Human Resources 

David A. GaskJns v. Department of Human Resources 

Kevin Ervin Kelley v. Department of Human Resources 

Nathaniel Ashford v. Department of Human Resources 

Gilbert S. McLeod v. Department of Human Resources 

Ellen Downing v. Department of Human Resources 

Charles R. Hauley v. Department of Human Resources 

Michael L. Schadler v. Department of Human Resources 

Owen B. Fisher Jr. v. Department of Human Resources 

Robin Delmar Goods v. Department of Human Resources 

Julio Alvarado Jr. v. Department of Human Resources 

Thomas A. Morgan v. Department of Human Resources 

Terrence R. McLaughlin v. Department of Human Resources 

Johnnie V. Johnson v. Department of Human Resources 

Ward F. Miller v. Department of Human Resources 

Joel P. Roth V. Department of Human Resources 

Atward T. Warren v. Department of Human Resources 

Monte Harwell v. Department of Human Resources 

Albert Noah Dunlap v. Department of Human Resources 

James E. Davis v. Department of Human Resources 

Roger T. Benoy v. Department of Human Resources 

Spencer P. Johnson v. Department of Human Resources 

James A. Bryant v. Department of Human Resources 

Conrade Dunklin v. Department of Human Resources 

Kenneth J. Balfour v. Department of Human Resources 

Tony Thomas v. Department of Human Resources 

Willie A. Harris v. Department of Human Resources 

Walter T. Townsend Jr. v. Department of Human Resources 

Martin A. Greene v. Department of Human Resources 

Dennis W. Nolan v. Department of Human Resources 

Roderick OJell Adams v. Department of Human Resources 

Jonathan L. Payne 11 v. Department of Human Resources 

Charles Scott Wilhoit v. Department of Human Resources 

Mickey Bridgett v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94CSE 


1488 


Bee ton 


07/18/95 


94CSE 


1489 


Becton 


03/07/95 


94CSE 


1490 


Becton 


10/12/95 


94 CSE 


1491 


Becton 


03/07/95 


94 CSE 


1492 


Beeton 


04/07/95 


94 CSE 


1493 


ChesB 


06/01/95 


94 CSE 


1494 


Chess 


07/12/95 


94 CSE 


1495 


Chess 


06/22/95 


94 CSE 


1496 


Chess 


06/28/95 


94 CSE 


1498 


Chess 


07/20/95 


94 CSE 


1499 


Mann 


03/31/95 


94 CSE 


1500 


Mann 


03/31/95 


94 CSE 


1502 


Mann 


05/02/95 


94 CSE 


1503 


Mann 


05/02/95 


94 CSE 


1504 


Gray 


06/26/95 


94 CSE 


1505 


Gray 


04/07/95 


94 CSE 


1508 


Gray 


03/31/95 


94 CSE 


1511 


Gray 


03/02/95 


94 CSE 1512 


Gray 


04/07/95 


94 CSE 


1513 


Gray 


04/28/95 


94 CSE 


1515 


Morrison 


08/04/95 


94 CSE 


1533 


Morrison 


03/02/95 


94 CSE 1534 


Morrison 


04/06/95 


94 CSE 


1535 


Morrison 


06/26/95 


94 CSE 


1536 


Morrison 


09/21/95 


94 CSE 


1537 


Morrison 


04/06/95 


94 CSE 


1538 


Reilly 


03/03/95 


94 CSE 


1539 


Reilly 


03/07/95 


94 CSE 1541 


Reilly 


03/07/95 


94 CSE 


1542 


Reilly 


04/10/95 


94 CSE 


1543 


West 


03/06/95 


94 CSE 


1544 


West 


06/23/95 


94 CSE 


1545 


West 


07/18/95 


94 CSE 


1546 


West 


08/25/95 


94 CSE 


1547 


West 


07/18/95 


94 CSE 1548 


West 


05/22/95 


94 CSE 


1549 


Nesnow 


06/02/95 


94 CSE 


1551 


Nesnow 


07/26/95 


94 CSE 


1552 


Nesnow 


09/28/95 


94 CSE 


1553 


Nesnow 


03/30/95 


94 CSE 


1554 


Becton 


03/07/95 


94 CSE 


1555 


Becton 


03/07/95 


94 CSE 


1562 


Becton 


04/07/95 


94 CSE 1563 


Becton 


04/07/95 


94 CSE 


1564 


Becton 


05/22/95 


94 CSE 


1567 


Chess 


06/02/95 


94 CSE 


1569 


Chess 


03/07/95 


94 CSE 


1570 


Chess 


06/28/95 


94 CSE 


1571 


Chess 


04/19/95 


94 CSE 


1572 


West 


03/14/95 


94 CSE 


1573 


West 


03/31/95 


94 CSE 


1576 


West 


07/18/95 


94 CSE 


1577 


Reilly 


04/10/95 


94 CSE 


1578 


Reilly 


04/10/95 


94 CSE 


1579 


Reilly 


03/03/95 


94 CSE 


1580 


Reilly 


04/10/95 


94 CSE 


1582 


Morrison 


04/06/95 


94 CSE 


1583 


Morrison 


04/06/95 


94 CSE 


1584 


Morrison 


03/07/95 


94 CSE 


1585 


Morrison 


07/26/95 


94 CSE 


1586 


Morrison 


04/06/95 


94 CSE 


1587 


Gray 


04/28/95 


94 CSE 


1588 


Gray 


08/11/95 


94 CSE 


1590 


Gray 


03/31/95 


94 CSE 


1591 


Gray 


04/07/95 


94 CSE 


1592 


Morrison 


04/06/95 


94 CSE 


1594 


Reilly 


04/21/95 


94 CSE 1595 


West 


05/08/95 



PUBLISHED DECISION 
REGISTER CITATION 



f 



I 



# 



2247 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CONTESTED CASE DECISIONS 



AGENCY 



John Kimmoiifi v. Department of Human Resources 
Randolph J. Nunn v. Department of Human Resources 
David Lester Gordon v. Department of Human Resources 
Larry James Walker, Jr. v. Department of Human Resources 
Wade A. Burgess v. Department of Human Resources 
Gary Jones v. Department of Human Resources 
Anthony Harrison v. Department of Human Resources 
Eddie L. Oliver III v. Department of Human Resources 
Michael D. Tyrec v. Department of Human Resources 
Edward Fisher v. Department of Human Resources 
Lcroy Jones v. Department of Human Resources 
Bernard Cooper v. Department of Human Resources 
William Gray v. Department of Human Resources 
Edward Lockhart v. Department of Human Resources 
Duane B. Marshbum v. Department of Human Resources 
Jimmy R. Jackson v. Department of Human Resources 
Mark A. Jones v. Department of Human Resources 
Ondino Damota Freitas v. Department of Human Resources 
Tony Monzell Perry v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
James B. Stokes Jr. v. Department of Human Resources 
Edith Christine Spurlock v. Department of Human Resources 
Andrew P. Jergens v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Eric L. McDonald v. Department of Human Resources 
Kevin Close v. Department of Human Resources 
Stephen L. Blankenship v. Department of Human Resources 
Herbert T. Robertson v. Department of Human Resources 
Rodney DC Barnes v. Department of Human Resources 
Kenny R. Bradehaw v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Ronnie P. Stephens v. Department of Human Resources 
Anthony B. Gardner v. Department of Human Resources 
Timothy C. Okeke v. Department of Human Resources 
Lewis M. Scarborough v. Department of Human Resources 
Manuel F. lala v. Department of Human Resources 
Robert Larry Martin v. Department of Human Resources 
Dwane M. Williams v. Department of Human Resources 
Joseph O. Evans v. Department of Human Resources 
Donald E. Kirby v. Department of Human Resources 
Darell D. Gautier v. Department of Human Resources 
Paul R. Robs v. Department of Human Resources 
Bobby Dain Massey v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Carol Jeanne Deese v. Department of Human Resources 
James Wright Jr. v. Department of Human Resources 
Joyce Ann Wilkinson v. Department of Human Resources 
Levem Wilson, Jr. v. Department of Human Resources 
Michael A. Bradford v. Department of Human Resources 
dayman R. Norfleet v. Department of Human Resources 
Johnny C. Cole v. Department of Human Resources 
Rasoul Behboudi v. Department of Human Resources 
David L. Hill v. Department of Human Resources 
Keith Matthews v. Department of Human Resources 
Ernest N. Pruitt, Jr. v. Department of Human Resources 
Troy Cage v. Department of Human Resources 
Clyde R. Gaither v. Department of Human Resources 
Randy E. Baker v. Department of Human Resources 
James Glenn LockJear v. Department of Human Resources 
Walter Swimiak v. Department of Human Resources 
William Rann v. Department of Human Resources 
Inez Brown v. Department of Human Resources 
Matthew L. Ward v. Department of Human Resources 
Sanders Gilliard Hunter v. Department of Human Resources 
James A. Bishop Jr. v. Department of Human Resources 
Mark C. Bushrod v. Department of Human Resources 
Antoine D. Jones v. Department of Human Resources 
Bennie L. Little v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


94CSE 


1596 


Nesnow 


04/17/95 


94 CSE 


1608 


Mann 


03/21/95 


94 CSE 


1609 


Mann 


03/13/95 


94 CSE 


1610 


Chess 


06/01/95 


94 CSE 


1611 


Chess 


06/09/95 


94 CSE 


1612 


Chess 


07/12/95 


94 CSE 


1615 


Becton 


04/07/95 


94 CSE 


1616 


Becton 


07/10/95 


94 CSE 


1619 


Becton 


04/07/95 


94 CSE 1621 


Becton 


04/07/95 


94 CSE 1622 


Nesnow 


07/05/95 


94 CSE 


1623 


Nesnow 


04/17/95 


94 CSE 


1645 


Becton 


04/25/95 


94 CSE 


1646 


Chess 


06/02/95 


94 CSE 


1647 


Mann 


08/03/95 


94 CSE 


1648 


Gray 


03/09/95 


94 CSE 


1649 


Morrison 


03/07/95 


94 CSE 


1650 


Reilly 


03/07/95 


94 CSE 


1651 


West 


04/07/95 


94 CSE 1652*' 


Reilly 


05/16/95 


94 CSE 


1653 


Becton 


04/07/95 


94 CSE 


1654 


Chess 


07/19/95 


94 CSE 


1655 


Mann 


05/22/95 


94 CSE 


1656 


Gray 


03/02/95 


94 CSE 


1657 


Morrison 


04/06/95 


94 CSE 


1677 


West 


08/10/95 


94 CSE 


1678 


Becton 


07/28/95 


94 CSE 


1679 


Chess 


06/28/95 


94 CSE 


1680 


Mann 


11/16/95 


94 CSE 


1700 


Reilly 


04/10/95 


94 CSE 


1702 


Becton 


04/07/95 


94 CSE 


1703 


Chess 


06/28/95 


94 CSE 


1704 


Mann 


05/02/95 


94 CSE 


1724 


Reilly 


08/08/95 


94 CSE 


1725 


West 


05/25/95 


94 CSE 


1749*10 


Becton 


07/28/95 


94 CSE 


1750 


Chess 


03/21/95 


94 CSE 


1759 


Nesnow 


06/09/95 


94 CSE 


1766 


Chess 


03/21/95 


94 CSE 


1767 


Reilly 


03/03/95 


94 CSE 


1768 


Mann 


08/03/95 


94 CSE 


1778 


West 


03/06/95 


94 CSE 


1798 


Gray 


04/27/95 


94 CSE 


1799*' 


Gray 


05/31/95 


94 CSE 


1814 


Morrison 


04/27/95 


94 CSE 


1826 


Nesnow 


07/11/95 


95 CSE 0071 


Becton 


04/04/95 


95 CSE 0073 


Chess 


06/28/95 


95 CSE 0116 


Mann 


05/25/95 


95 CSE 0117 


Morrison 


07/11/95 


95 CSE 0118 


Reilly 


06/22/95 


95 CSE 0147 


West 


05/18/95 


95 CSE 0200 


Becton 


08/29/95 


95 CSE 0205 


Chess 


07/19/95 


95 CSE 0206 


Phipps 


07/21/95 


95 CSE 0207 


Phipps 


07/26/95 


95 CSE 0208 


Phipps 


07/31/95 


95 CSE 0226 


Nesnow 


07/28/95 


95 CSE 0229 


Phipps 


07/31/95 


95 CSE 0230 


West 


07/18/95 


95 CSE 0273 


Phipps 


06/27/95 


95 CSE 0279 


Phipps 


07/21/95 


95 CSE 0280 


Phipps 


06/27/95 


95 CSE 0284 


Phipps 


05/22/95 


95 CSE 0292 


Gray 


08/07/95 


95 CSE 0297 


Morrison 


07/26/95 


95 CSE 0300 


Reilly 


07/21/95 


95 CSE 0313 


Morrison 


07/21/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2248 



CONTESTED CASE DECISIONS 



AGENCY 



Yvonne Butler v. Department of Human Resources 
Derrick Leon Henry v. Department of Human Resources 
Raul A. Dinzcy v. Department of Human Resources 
David Dean Davis v. Department of Human Resources 
Frank McGirt v. Department of Human Resources 
Kelly Thomas Felty v. Department of Human Resources 
Robert Lee Elliott v. Department of Human Resources 
Kelvin M. Tarlton v. Department of Human Resources 
Clarence O. Hilliard v. Department of Human Resources 
Larry James McGirt v. Department of Human Resources 
Alonzo Wilson v. Department of Human Resources 
Reginald Hill v. Department of Human Resources 
Rhonda D. Dcaton v. Department of Human Resources 
Timothy W. Barber v. Department of Human Resources 
Rudolph C. Williams v. Department of Human Resources 
John K- Bostic v. Department of Human Resources 
Eva T. Wilson v. Department of Human Resources 
Robert Lee Smith, Jr. v. Department of Human Resources 
Dave L. James v. Department of Human Resources 
Robert Lee Bullock v. Department of Human Resources 
Augusta Hepburn v. Department of Human Resources 
Kenneth Walter Dudney v. Department of Human Resources 
Michael Watts Sr. v. Department of Human Resources 
Chris Brown v. Department of Human Resources 
Kenneth Collins v. Department of Human Resources 
Walter Richardson, Jr. v. Department of Human Resources 
James M. Melvin v. Department of Human Resources 
Alvin L. Martin v. Department of Human Resources 
Kirk Shannon Baker v. Department of Human Resources 
Reginald L. Woods v. Department of Human Resources 
Willie Gadson v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Cerulean Felherson v. Department of Human Resources 
Willie M. Herring v. Department of Human Resources 

Distribution Child Support 

Lisa J. Hill v. DHR. Div. of Social Svcs., Child Support Enf. Section 

Hoke County Social Services 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


95 CSE 0319 


Becton 


09/18/95 


95 CSE 0321 


Chess 


07/17/95 


95 CSE 0344 


Mann 


08/03/95 


95 CSE 0350 


PhippB 


07/26/95 


95 CSE 0351 


Gray 


08/07/95 


95 CSE 0360 


Morrison 


08/07/95 


95 CSE 0369 


ReiUy 


10/09/95 


95 CSE 0370 


West 


07/26/95 


95 CSE 0371 


Reilly 


05/25/95 


95 CSE 0389 


Nesnow 


08/10/95 


95 CSE 0414 


Becton 


07/28/95 


95 CSE 0438 


Becton 


07/21/95 


95 CSE 0489 


Becton 


07/05/95 


95 CSE 049 1 


Phipps 


08/07/95 


95 CSE 0492 


Gray 


07/18/95 


95 CSE 0493 


Nesnow 


08/02/95 


95 CSE 0520 


Reilly 


07/21/95 


95 CSE 0528 


West 


08/25/95 


95 CSE 0539 


Mann 


07/21/95 


95 CSE 0559 


Phipps 


07/31/95 


95 CSE 0573 


Gray 


08/28/95 


95 CSE 0575 


Morrison 


09/12/95 


95 CSE 0628 


Nesnow 


09/26/95 


95 CSE 0695 


Phipps 


08/25/95 


95 CSE 0709 


Chess 


10/27/95 


95 CSE 0710 


Chess 


09/26/95 


95 CSE 0719 


Phipps 


10/10/95 


95 CSE 0733 


Gray 


10/05/95 


95 CSE 0734 


Morrison 


10/06/95 


95 CSE 0759 


Reilly 


11/08/95 


95 CSE 0783 


Nesnow 


10/26/95 


95 CSE 0814 


Becton 


09/28/95 


95 CSE 0900 


Phipps 


11/07/95 


95 CSE 0913 


Gray 


09/25/95 



PUBLISHED DECISION 
REGISTER CITATION 



€ 



I 



95 DCS 0239 



Phipps 



05/02/95 



Mr. and Mrs. William Jefferson v. Hoke Cty Soc Svcs, Linda Cromartie 95 DHR 0857 Gray 

Rockingham County Department of Social Senices 
Crystean Helds v. Rockingham County DSS 95 DHR 0316 Reilly 

Wake Count\ Social Services 



08/17/95 



06/01/95 



Grace A. Wright v. Wake County Social Services., Suzanne Woodell 94 DHR 1618 

and Craig Glenn 

INSURANCE 

Grace F. Watkins v. Teachers' & St. Emp. Comp. Major Med. Plan 94 INS 1639 

Billy Gene Campbell v. Department of Insurance 95 INS 0143 

Karen Wingert Bunch v. Teachers' & St. Emp. Comp. Major Med. Plan 95 INS 0243 

JUSTICE 



Che 



05/03/95 



Chess 


05/24/95 


Reilly 


04/20/95 


Morrison 


07/21/95 



Alarm Systems Licensing Board 

Patrick P. Sassman v. Alarm Systems Licensing Board 
Chad R. Fuller v. Alarm Systems Licensing Board 
Malcolm K. Teague v. Alarm Systems Licensing Board 



94 DOJ 1825 


Reilly 


03/09/95 


95 DOJ 0716 


West 


08/18/95 


95 DOJ 0765 


Nesnow 


10/19/95 



t 



2249 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Education and Training Standards Division 

Richard Terry LockJcar v. Criminal Justice Ed. & Training Stds. Conim. 
and 

Sheriffs' Education and Training Standards CommiBflion 
Ricky Dale McDevitt v. SherifTs Ed. & Training Stds. Comm. 
Reginald Keith Goffmglon v. CimJnal Justice Ed. & Training Stds. Comm. 
Nervin Joseph DcDeaux v. Criminal Justice Ed. & Training Stds. Comm. 
Tony Lament Blackmon v. Criminal Justice Ed. &. Training Stds. Comm. 
Constance F. Lawrence v. Sheriffs Ed. & Training Stds. Comm. 
Alexander Douglas Jones v. Criminal Justice Ed. & Training Stds. Comm. 
Marilyn Jean Britt v. Sheriff's Ed. & Training Stds. Comm. 
Antonio Tremont Davis v. Sheriff's Ed. & Training Stds. Comm. 
Amy Rebecca Batcheler v. Sheriff^s Ed. & Training Stds. Comm. 
Richard Terry LockJcar v. Criminal Justice Ed. & Training Stds. Comm. 
and 

Sheriffs' Education and Training Standards Commission 
Richard Dan Wuchte v. Criminal Justice Ed. & Training Stds. Comm. 
Henry Roger Judd v. Sheriff^s Ed. & Training Stds. Comm. 
Daryl Tyrone Beard v. Criminal Justice Ed. & Training Stds. Comm. 
Jewel T. Braswell v. Criminal Justice Ed. & Training Stds. Comm. 
George H. Powell Jr. v. Criminal Justice Ed. & Training Stds. Comm. 
Mark Jason Smith v. Sheriff^s Ed. & Training Stds. Comm. 
Ernie Lowery v. Criminal Justice Ed. & Training Standards Commission 
Jeffrey Andre Jenkins v. Criminal Justice Ed. & Training Slds. Comm. 

Private Protective Services Board 

Lewis Austin Saintsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Board 
Melvin Ray Cooper v. Private Protective Services Board 
Donnell E. Morrow, Jr. v. Private Protective Services Board 
Private Protective Services Board v. James C. Purvis 
Private Protective Services Board v. Samuel O. Smith 
Jann Mitchell Stanley v. Private Protective Services Board 
Donald Wayne Clark v. Private Protective Services Board 
Richard Frank v. Private Protective Services Board 
Marvin E. Shackleford v. Private Protective Services Board 
Julius T. Fairley v. Private Protective Services Board 
James L. McLeary, Jr. v. Private Protective Services Board 
Bobby E. Smithey v. Private Protective Services Board 
Frederick B. Moore, Jr. v. Private Protective Services Board 
Daniel C. Inglese v. Private Protective Services Board 
Walter Lee Watson v. Private Protective Services Board 
Charles Ray Gable v. Private Protective Services Board 
Robert Baxter McGuire, Sr. v. Private Protective Services Board 

LABOR 



Occupational Safety & Health Division 

Lenoir County Public Schools v. Department of Labor, OSHA 95 DDL 0218 Nesnow 

Private Personnel Service Division 

Employment Consultants, Inc. v. Private Personnel Service Division 95 DDL 0209 Morrison 

Wage and Hour Division 

R.J. Scott. Pres. Pirate Enterprises. Inc. v. Labor, Wage & Hour Div. 94 DDL 1524 West 

PRACTICING PSYCHOLOGISTS 

John E. Miller v. Psychology Board 95 BPP 0629 Nesnow 



94 DOJ 1006*" 


West 


10/30/95 


10:17 NCR 2255 


94 DOJ 1710 


Nesnow 


05/04/95 


10:05 NCR 324 


95 DOJ 0028 


Becton 


06/08/95 




95 DOJ 0029 


Reilly 


05/16/95 




95 DOJ 0043 


Reilly 


06/02/95 




95 DOJ 0076 


MorriBon 


04/06/95 




95 DOJ 0101 


Morrison 


06/13/95 


10:07 NCR 627 


95 DOJ 0172 


Gray 


08/03/95 




95 DOJ 0298 


Phipps 


08/08/95 




95 DOJ 0364 


West 


08/16/95 




95 DOJ 0365*" 


West 


10/30/95 


10:17 NCR 2255 


95 DOJ 0401 


Nesnow 


06/07/95 




95 DOJ 0431 


Nesnow 


08/02/95 




95 DOJ 0566 


Gray 


10/11/95 




95 DOJ 0730 


Phipps 


09/11/95 




95 DOJ 0784 


Phipps 


09/08/95 




95 DOJ 0795 


Gray 


08/14/95 




95 DOJ 0898 


Nesnow 


11/17/95 




95 DOJ 1408 


Phipps 


07/31/95 





94 DOJ 1000 


Chess 


03/03/95 




94 DOJ 1064 


Chess 


02/24/95 




94 DOJ 1635 


Reilly 


03/09/95 




94 DOJ 1823 


Reilly 


03/09/95 




95 DOJ 0018 


Chess 


05/15/95 




95 DOJ 0133 


Chess 


05/09/95 




95 DOJ 0420 


Morrison 


05/24/95 




95 DOJ 0444 


Phipps 


07/14/95 


10:09 NCR 805 


95 DOJ 0610 


Phipps 


08/10/95 




95 DOJ 0611 


Phipps 


07/18/95 




95 DOJ 0612 


Phipps 


07/20/95 




95 DOJ 0613 


Phipps 


07/18/95 




95 DOJ 0717 


Weal 


08/23/95 


10:12 NCR 1039 


95 DOJ 0766 


Morrison 


09/01/95 




95 DOJ 0767 


Morrison 


08/30/95 




95 DOJ 0768 


West 


10/09/95 




95 DOJ 0975 


Gray 


10/17/95 




95 DOJ 0977 


Gray 


10/17/95 





05/01/95 



07/07/95 



03/23/95 



09/12/95 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2250 



CONTESTED CASE DECISIONS 



AGENCY 



PUBLIC INSTRUCTION 



Glenn n. on behalf of Glenn n, and Glenn n, Individually v 

Mecklenburg County Schools 
Donna Marie Snyder v. Department of Public Instruction 
S.M. on Behalf of J. A.M., and S.M., Individually, and J.M. 

County Board of Education 
William Hewctt v. State Board of Education 
James Midgette v. State Board of Education 
Deborah R. Crouse v. State Board of Education 
Haydn Stewart Hasty v. State Board of Education 
Bobby G. Little v. Department of Public Instruction 
Tonya Marie Snipes and Robert Leon Snipes v. Orange County Schools 
Vance County Schools v. Haywood Yarborough 
Lavcme K. Suggs v. Department of Public Instruction 
Lavem K Suggs v. Guilford County Schools 
Kenneth G.H. Leftwich v. State Board of Education 
Madeline J. Taylor v. Department of Public Instruction 
William Andrew McCullough v. Public Instruction. Licensure Section 



CASE 
NUNffiER 



ALJ 



DATE OF 
DECISION 



Charlotte- 


93 EDC 0549 


Chess 


03/16/95 




93EDC0731 


Chess 


10/11/95 


\i. Davie 


93 EDC 0742 


Phipps 


05/30/95 




94 EDC 0533 


Gray 


03/31/95 




94 EDC 1401 


Reilly 


05/02/95 




95 EDC 0003 


Chess 


04/10/95 




95 EDC 0027 


Reilly 


10/09/95 




95 EDC 0168 


Phipps 


03/20/95 


ty Schools 


95 EDC 0225 


Mann 


05/15/95 




95 EDC 0235 


Mann 


08/04/95 




95 EDC 0384 


Nesnow 


07/12/95 




95 EDC 0385 


Nesnow 


06/02/95 




95 EDC 0405 


Nesnow 


05/25/95 




95 EDC 0525 


Phipps 


10/25/95 


Section 


95 EDC 0915 


Gray 


10/30/95 



PUBLISHED DECISION 
REGISTER CITATION 



f 



10:02 NCR 179 



10:15 NCR 1632 



STATE BAR 

Phillip S Banks, III v. North Carolina State Bar 
STATE PERSONNEL 



95 BAR 0861 



Morrison 



08/18/95 



Caswell County Health Department 

Delia Brown v. Caswell County Health Department 
Julie R. Johnson v. Caswell County Health Department 

N.C. Central University 

Peter A. Fore v. N.C. Central University 

Department of Commerce 



94 OSP 0834 
94 OSP 0865 



93 OSP 0189 



Nesnow 
Reilly 



Nesnow 



T. Sherwood Jemigan v. Dept. of Commerce, Savings Institution Div. 94 OSP 0775 West 



94 OSP 1530 



Chess 



06/12/95 
03/15/95 



06/13/95 



05/25/95 



11/01/95 



Department of Community Colleges 

Sheila M. Thompson v. Department of Community Colleges 

Department of Correction 

Nancy Gilchrist v. Department of Correction 

Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole 

Thomas Wayne Smathers v. Department of Correction 

George J. McClease, Jr. v. Department of Correction 

Gaius Wells v. Department of Correction 

Nancy C. Walker v. Department of Correction 

Ruth Kearney v. Department of Correction 

Ann R. Fletcher v. Department of Correction 

Odell Davis v. Department of Correction 

James W. Hughes v. Department of Correction, Blue Ridge Unit Avery 

Dennis Harrell v. Department of Correction 

William E. Norwood, Jr. v. Department of Correction 

Shelby Gorham-Teel v. Department of Correction 

Larry Riddle v. Department of Correction 

Eric Little v. Department of Correction, Morrison Youth Institution 

Cynthia R. Steven v. N.C. Women's Prison 

Mark R. Murphy v. Department of Correction 

Department of Crime Control and Public Safety 

Betty Sue Whitley v. National Guard Dept. Crime Control & Public Safety94 OSP 1399 Chess 06/13/95 

Robert W Beaalcy v. Crime Control & Public Safety, St. Highway Patrol 94 OSP 1821 Morrison 08/10/95 



( 



10:17 NCR 2272 



94 OSP 0121 


West 


03/09/95 




94 OSP 0332 


West 


05/15/95 




94 OSP 0590 


West 


03/23/95 




94 OSP 0644 


Gray 


04/19/95 




94 OSP 0684 


West 


10/12/95 


10:15 NCR 1610 


94 OSP 1206 


Gray 


08/18/95 




94 OSP 1807 


Becton 


03/13/95 




95 OSP 0123 


Chess 


08/21/95 




95 OSP 0244 


Gray 


09/21/95 




95 OSP 0334 


Becton 


07/25/95 




95 OSP 0440 


Phipps 


09/05/95 


10:13 NCR 1209 


95 OSP 0500 


Gray 


08/16/95 




95 OSP 0536 


Reilly 


10/23/95 




95 OSP 0570 


West 


10/18/95 




95 OSP 0658 


Phipps 


10/18/95 




95 OSP 0829 


Chess 


10/24/95 




95 OSP 1047 


Nesnow 


10/26/95 





m. 



10:11 NCR 965 



# 



2251 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



94 DSP 1558 


Reilly 


09/07/95 


95 DSP 0038*' 


Becton 


06/08/95 


95 DSP 0057*' 


Becton 


06/08/95 



94 DSP 1597 


Nesnow 


04/04/95 


95 OSP 0042*' 


Reilly 


07/05/95 


95 OSP 0058*' 


Reilly 


07/05/95 



Office of the District Attorney 

Shannon Caudill v. Office of the District Attorney for Judicial 95 OSP 0188 Nesnow 

District 17-B, and Administrative Office of the Courts 

Dorothea Dix Hospital 

Paul E. HunUr v. Dorothea Dix Hospital 95 OSP 0504 Gray 

Durham County Health Department 

Laurie A. Gerhard v. Ehirham County Health Department 95 OSP 0220 Phipps 

East Carolina University 

Helen E. Wolfe v. East Carolina University, Dcpt. of Biology 

Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 

Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 

Edgecombe County Health Department 

Ronald E. Wooten v. Edgecome County Health Department 94 OSP 1209 Gray 

Department of Environment, Health, and Natural Resources 

Babette K. McKemie v. EHNR, Div. of Environmental Management 94 OSP 0358 Chess 

FayetteviUe State University 



George Benstead v. FayetteviUe State University 
Lt. Bobby McEachem v. FSU Police Department 
Officer Gregor A. Miles v. FSU Police Department 



Forsyth Stokes Mental Health Center 

Michael Howell v. Forsyth Stokes Mental Health Center 94 OSP 0499 Chess 

Guilford County Mental Health 

Darrell Edwin Fricke v. Guilford County Mental Health (Thomas S. Div.) 95 OSP 0942 West 

Department of Human Resources 

April Benfield v. Department of Human Resources 
and 
Western Carolina Center 
Eugene Hightower, Jr. v. Department of Human Resources, EEO 
Rebecca Johnson v. Human Resources, Special Care Center 
Edward E. Williams v. NC Special Care Center, Def /Emp, DHR 

Black Mountain Center 

James Harrison v. Black Mountain Center, Dept. of Human Resources 
James Harrison v. Black Mountain Center, Dept. of Human Resources 

Caswell Center 

David A. Kilpatrick v. DHR, Caswell Center 

Cherry Hospital 

William H. Cooke v. DHR, Cherry Hospital 
Deloris L. Johnson v. Cherry Hospital, DHR 

Durham County Department of Social Services 

Delores H. Jeffere v. Durham County Department of Social Services 



94 OSP 0994*" 

95 OSP 0190*" 



95 OSP 0267 



93 OSP 1547 
95 OSP 0409 



94 OSP 0939 



Gray 
Gray 



Nesnow 



Gray 
Gray 



Morrison 



03/20/95 



07/12/95 



08/17/95 



07/10/95 



05/31/95 



03/24/95 



09/22/95 



94 OSP 1758 


Nesnow 


06/07/95 


94 OSP 1811 


West 


05/04/95 


95 OSP 0138 


West 


03/31/95 


95 OSP 0483 


Reilly 


10/03/95 



07/31/95 
07/31/95 



10/25/95 



03/16/95 
08/25/95 



06/12/95 



10:12 NCR 1043 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2252 



CONTESTED CASE DECISIONS 



CASE 
NUMBER 



ALJ 



AGENCY 

Gaston County Department of Social Services 
Bobbie J. Gilliam v. Gaston County Department of Social Seivices 

Halifax County Department of Social Services 
Robert E. Sykes v. Halifax County Department of Social Sen/ices 

Iredell County Department of Social Services 

Vernon E. GroBse v. Iredell County Department of Social Services 
Bonnie N. Bellamy v. Iredell County Department of Social Services 

Richmond County Department of Social Sennces 

Emma Jane Bradley v. Richmond County Dept. of Social Services 

Wake County Department of Health 

Regina K. Crowder v. Wake County/Health Dept., Caroline E. Lee, Dir. 94 OSP 1032** Nesnow 
Sabrina R. Crowder V. Wake County/Health Dept., Richard Stevens 94 OSP 1072*' Nesnow 

Thomasine D. Avery v. Wake County/Health Department 94 OSP 1074** Nesnow 

Wake County Department of Social Senices 

Olivia L. Jordan v. Wake County/Department of Social Seivices 

Department of Labor 

Michael Robert Sinith v. Department of Labor 



94 OSP 0770 



94 OSP 0826 



94 OSP 0282 
94 OSP 0739 



95 OSP 0055 



West 



Gray 



Bccton 
Chess 



Reilly 



94 OSP 1179*« Nesnow 



94 OSP 0610 



Nesnow 



89 OSP 0612 


Nesnow 


94 OSP 1173 


Reilly 


95 OSP 0044 


Morrison 


95 OSP 0130 


West 


95 OSP 0213 


Phipps 


95 OSP 0800 


Chess 



Lee'Hamett Area Menial Health, Developmental Disabilities, and Substance Abuse Authority 
Julie E)>'er v. Le^-Harnett Area Nffl/DD/SA Authority 94 OSP 0750 Gray 

North Carolina Special Care Center 

Lynn Banasiak Bass v. North Carolina Special Care Center 95 OSP 0419 Phipps 

North Carolina State University 



Artelia S. Clark v. N.C. Slate University 

Wesley Brown v. N.C. State University 

David L. Bauer v. North Carolina State University 

Billy Ray Kelly v. NCSU Physical Plant 

Heather Ann Waakiowicz v. NCSU, Dept. of Public Safety 

Antoinette Chavis-Scott v. N.C.S.U. Accounts Payable 



Orange-Person-Chatham Mental Health 

Patricia A. Harris v. Orange- Person-Chatham Mental Health 95 OSP 0162 West 

Department of Revenue 

Wayne Davenport v. Department of Revenue, Motor Fuels Tax Division 95 OSP 0902 Becton 

Richmond Community College 

Willie J. Breeden v. Richmond Community College 95 OSP 0846 Gray 

Department of Transportation 



Michael E. Komegay v. Department of Transportation 

Robert F. Goins v. Department of Transportation 

Esther Doe Murphy v. Department of Transportation 

Debra R. Embden v. DOT, Division of Motor Vehicles 

Mary Matthews Fitmerty v. Department of Transportation 

Lonnie Joseph Cole v. NC DOT (TTI's Boone NC) Div. of Hwys 



93 OSP 1700 


Gray 


94 OSP 0281 


Chess 


95 OSP 0114 


Gray 


95 OSP 0411 


Morrison 


95 OSP 0412 


Nesnow 


95 OSP 0606 


West 



DATE OF 
DECISION 



05/24/95 



U/15/95 



03/09/95 
03/01/95 



07/18/95 



06/12/95 
06/12/95 
06/12/95 



06/12/95 



06/09/95 



03/20/95 



08/01/95 



07/07/95 
06/30/95* 
04/25/95 
03/22/95 
07/06/95 
10/31/95 



04/11/95 



11/03/95 



09/13/95 



03/24/95 
05/30/95 
07/10/95 
n/01/95 
11/02/95 
10/24/95 



PUBLISHED DECISION 
REGISTER CITATION 



f 



10:01 NCR 48 



10:09 NCR 809 



< 



10:08 NCR 700 



10:17 NCR 2286 



I 



2253 



NORTH CAROLINA REGISTER 



December 1, 1995 10:17 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Judy H. Arnold v. Department of Transportation, Div. of Motor Vehicles 95 OSP 1075 

Untion County Schools 

Carolyn H. EUdns v. Union County SchooU 95 OSP 0948 

University of North CaroHna 

Beth Ann Miller v. UNC Student Health 94 OSP 0800 

Roberta Jones v. University of North Carolina-Chapel Hill 94 OSP 1718 

UNC Hospitals 

David Patrick Malone v. Univ. of NC Hospital at Chapel Hill 
Lillian C. Daniels v. UNC Hospital 

Wake County 

Mark Morgan v. Wake County 

STATE TREASURER 

John W, Parris v. Bd. of Trustees//NC Local Gov. Emp. Retirement Sys. 
Channie S. Chapman v. BdATrustecsZ/NC Local Gov. Emp. Ret Sys. 
Bryan L. Basden v. Retirement Systems Division 
Wayne La Broad v. Bd.ATrustecs/ATeachers/St. Emp. Retirement Sys. 
Tammy Evonne Ashcroft Brownv. Bd/Tr.//NC Local Gov. Emp. Ret Sys. 

UNIVERSITY OF NORTH CAROLINA 

Jerry B. Potter, Sr. v. UNC Hospitals at Chapel Hill 95 UNC 0502 



94 OSP 0771 

95 OSP 0056 



94 OSP 0937 



Becton 



Reilly 



Nesnow 
Chess 



Becton 
Morrison 



Nesnow 



91 DST 1093 


Nesnow 


94 DST 0443 


Morrison 


95 OSP 0171 


Chess 


95 DST 0219 


Morrison 


95 DST 0404 


Phipps 



Gray 



07/31/95 



1 1/03/95 



05/25/95 
10/31/95 



03/14/95 
05/1 1/95 



04/28/95 



05/04/95 
05/15/95 
06/21/95 
07/14/95 
07/27/95 



09/12/95 



10:17 NCR 2276 



10:04 NCR 287 



10:10 NCR 872 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2254 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF ROBESON 



IN THE OFFICE OF 
ADMINISTRATIVE HEARINGS 



f 



RICHARD TERRY LX)CKLEAR 
Petitioner 

V. 

N.C. CRIMINAL JUSTICE EDUCATION 
AND TRAINING STANDARDS COMMISSION 
Respondent 

RICHARD TERRY LOCKLEAR 
Petitioner 



N.C. SHERIFFS' EDUCATION AND TRAINING 
TRAINING STANDARDS COMMISSION 
Respondent 



94DOJ 1006 



PROPOSED DECISION 



95 DOJ 0365 



These matters were consolidated for hearing by Order dated April 21, 1995 and were heard by Thoinas R. West, 
Administrative Law Judge, on May 10-11, June 9, July 20 and August 14, 1995 in Elizabethtown, Raleigh and Lumberton, 
North Carolina. 

APPEARANCES 

Petitioner was represented by Edward John Bullard of Lumbee River Legal Services and Woodberry L. Bowen of 
the law firm of Bowen & Byerly in Lumberton, North Carolina. 

Respondent Criminal Justice Education and Training Standards Commission was represented by Special Deputy 
Attorney General Robin P. Pendergraft. 

Respondent Sheriffs' Education and Training Standards Commission was represented by Assistant Attorney General 
John J. Aldridge, III. 

EXHIBITS 

The following exhibits were received into evidence: 



I 



Rl 








R9 




R2 
R3 
R4 








RIO 
Rll 
R12 


Sheriffs' Commission only 
Sheriffs' Commission only 


R5 








R13 


Sheriffs' Commission only 


R6 








R14 


Sheriffs' Commission only 


R7 








R15 




R8 








R16 




P4 








PHH 




PGGG 








P GO 




PDD 








PPP 




PXXX 


Sheriffs 


Commission 


only 


PQQ 

PUU (A) 





I 



2255 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CONTESTED CASE DECISIONS 



PEE 



OFFER OF PROOF 



The following exhibits were tendered by Petitioner, but not received into evidence. The documents are included 
in an Offer of Proof by Petitioner: 



P AAA 
P BBB 
PCCC 
P DDD 



PEEE 
PFFF 
PHHH 



WITNESSES 

The following people were called to testify by the Commissions: 



Richard Terry Locklear 

Jermifer Walker 

Kathy Avery 

Sgt. Price Carpenter 

Laurie A. Curtis Brown 

Carol Clark 

Laura Yvette Casto Pittman 

Penny Branton 

Scott Perry 



Whiteville Police Dept. 



Deputy Director of Criminal 

Justice Standards Division 

Director of Criminal Justice 

Standards Division 

Assistant Director of Sheriffs Training and Standards Division 

Chief, Whiteville Police Dept. 



Jeannie Outland 

Julia Lohman 

Chief Randall Aragon 

Special Agent David Marshall - State Bureau of Investigation (at all times relevant to this case) 

The following people were called to testify by Richard Terry Locklear: 

Whiteville Police Dept. 



Sgt. David Archie 
Richard Terry Locklear 
John Raynor 

Charles Blackmon 

Jeffrey Martin 

Lt. Robert Memory 



Retired Chief of Whiteville 

Police Dept. 

Former Sgt., Whiteville 

Police Dept. 

Chief of Personnel, Robeson 

Co. Sheriffs Dept. 

Whiteville Police Dept. 



■fUDICIAL NOTICE 

Judicial notice was taken of the following New Jersey statutes: 

2C:12-1 Assault 

2C:20-7 Receiving stolen property 

2C:20-10 Unlawful taking of means of conveyance 

2C:33-4 Harassment 

39:3-40 Driving when license refused, suspended, revoked or prohibited; motor vehicle license revoked; 

punishment 

Judicial notice was taken of the following North Carolina General Statute: 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2256 



CONTESTED CASE DECISIONS 



14-33 Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments. 

Judicial notice was taken of the following rules in the North Carolina Administrative Code: 

12 NCAC lOB .0100 - .0304 
12 NCAC 9A .0100 - .0206 
12 NCAC 9B .0100 - .0113 

Based upon the testimony and evidence presented, the undersigned makes the following: 

FINDINGS OF FACT 

Stipulated Facts 

1 . All parties are properly before this Administrative Law Judge, in that jurisdiction and venue are proper, 
and all parties received proper notice of hearing. 

2. The North Carolina Criminal Justice Education and Training Standards Commission has the authority 
granted under Chapter 17C of the North Carolina General Statutes and Title 12 of the North Carolina Administrative Code, 
Chapter 9, to certify criminal justice officers and to deny, revoke or suspend such certification. 

3. The North Carolina Sheriffs' Education and Training Standards Commission has the authority granted under 
Chapter 17E of the North Carolina General Statutes and Title 12 of the North Carolina Administrative Code, Chapter 10, 
Subchapter lOB, to certify justice officers as either deputy sheriffs or jailers, and to deny, revoke or suspend such 
certification. 

4. The Criminal Justice Commission rule 12 NCAC 9B. 0204(b)(3)(A) provides that: 

(b) The Commission may suspend, revoke, or deny the certification of a criminal justice officer when 

the Commission finds that the applicant for certification or the certified officer: 

(3) has committed or been convicted of: 

(A) a criminal offense or unlawful act defined in 12 NCAC 9A .0103 as a Class B 

misdemeanor. . . . 

5. The Sheriffs" Commission rule 12 NCAC lOB .0204(d)(1) provides that: 

(d) The Commission may revoke, suspend or deny the certification of a justice officer when the 

Commission finds that the applicant for certification or the certified officer has committed or been 
convicted of: 

(1) A crime or unlawful act defined in 12 NCAC lOB .0103(10)(b) as a Class B misde- 

meanor within the five year period prior to the date of appointment. 

6. Both 12 NCAC 9A .0103(21)(b) (Criminal Justice Commission) and 12 NCAC lOB .0103(10)fb) (Sheriffs' 
Commission) provide that a Class B misdemeanor means an act committed or omitted in violation of any common law, crimi- 
nal statute, or criminal traffic code of this state, or any other jurisdiction, either civil or military, for which the maximum 
punishment allowable for the designated offense under the laws and statutes of the jurisdiction in which the offense occurred 
includes imprisonment for a term of more than six months but not more than two years. Class B misdemeanor expressly 
includes either first or subsequent offenses of N.C.G.S. § 20-138(a) or (b). A Class B misdemeanor also includes a violation 
of N.C.G.S. § 20-138.1 if the defendant was sentenced under punishment level 1 or punishment level 2 for the offense and 
also includes a violation of N.C.G.S. § 20-38fb) (driving while license permanently revoked or suspended). 

7. TTie Criminal Justice Commission rule 12 NCAC 9B .0204(b)(2) provides that the Commission shall revoke, 
deny, or suspend the certification of a criminal justice officer when the Commission finds that the applicant for certification 
or certified officer: 

(2) fails to meet or maintain one or more of the minimum employment standards required by 12 

2257 NORTH CAROLINA REGISTER December 1, 1995 10:17 



CONTESTED CASE DECISIONS 



NCAC 9B .0100 for the category of the officer's certification or fails to meet or maintain one or 
more of the minimum training standards required by 12 NCAC 9B .0200 or 12 NCAC 9B .0400 
for the category of the officer's certification. 

8. The Sheriffs' Commission rule 12 NCAC lOB .0204(b)(2) provides that the Commission shall revoke, deny, 
or suspend the certification of a justice officer when the Commission finds that the applicant for certification or the certified 
officer: 

(2) fails to meet or maintain any of the minimum employment or certification standards required by 

12 NCAC lOB .0300. 

9. The Criminal Justice Commission rule 12 NCAC 9B .0101(3) provides that every criminal justice officer 
employed by an agency in North Carolina shall be of good moral character pursuant to G.S. 17C-10 and as determined by 
a thorough backgroimd investigation. 

10. The Sheriffs' Commission rule 12 NCAC lOB .0301(a)(8) provides that every justice officer employed or 
certified as deputy sheriff or jailer in North Carolina shall be of good moral character. 

11. The Criminal Justice Commission rule 12 NCAC 9B .020(4)(b)(6) provides that the Commission may 
suspend, revoke, or deny the certification of a criminal justice officer when the Commission finds that the applicant for 
certification or the certified officer has knowingly made a material misrepresentation of any information required for 
certification. 

12. The Sheriffs' Commission rules 12 NCAC lOB .0204(c)(1) and (2) provide that the Commission may 
suspend, revoke, or deny the certification of a justice officer when the Commission finds that the applicant or certified 
officer: 

(1) has knowingly made a material misrepresentation of any information required for certification or 
accreditation; 

(2) has knowingly and willfully, by any means of false pretense, deception, defraudation, 
misrepresentation or cheating whatsoever, obtained or attempted to obtain credit, training or 
certification from the Commission or the North Carolina Criminal Justice Education and Training 
Standards Commission. 

13. Petitioner successfully completed the Basic Law Enforcement Training course at Robeson Community 
College on April 18, 1991. 

14. Petitioner applied with the Criminal Justice Commission for certification as a full time law enforcement 
officer with the Whiteville Police Department in May 1991. 

15. Petitioner was issued a probationary certification (PRA 152448471) by the Criminal Justice Commission 
on May 22, 1991. 

16. Petitioner was issued general certification (GNA 152448471) by the Criminal Justice Commission on May 
20, 1992. 

17. Petitioner was separated from the Whiteville Police Department on November 17, 1993. 

18. Petitioner was charged with the following offenses with the attending dispositions: 

CASE;i'/LOCATION CHARGE/STATUTE DATE/OFFENSE DISPOSITION 

B1761 Receiving Stolen 8/16/80 Convicted of 

Clinton, NJ Property Unlawful Taking 

NJSA 2C:20-7 of Means of 

Conveyance 2/2/82 



10:17 NORTH CAROLINA REGISTER December 1, 1995 2258 



CONTESTED CASE DECISIONS 



Belvidere, NJ 


Harassing Communications 
NJSA 2C:33-4C 


8/24/83 


84/12-106R 

NJ 


Worthless check 


12/31/84 


C047196 
Kearny, NJ 


Simple assault 

NJSA2C:12-l(a)(l) 


7/1/88 


Kearay, NJ 


DWL Suspended 
NJSA 39:3-40 


8/7/88 



Dismissed 



9/7/83 



Convicted 



Convicted 



9/26/88 



10/27/88 



19. On November 8, 1993, Petitioner was charged with the criminal offense of assault on a female, Laura Y. 
Casto, on June 20, 1993, in violation of N.C.G.S. § 14-33(b)(2) (93 CR 07557). This criminal matter was heard in District 
Court on April 18, 1994 before the Honorable Napoleon Barefoot who entered a finding of not guilty. 

20. On November 8, 1993, Petitioner was charged with the criminal offense of attempted second degree rape 
of Laurie A. Curtis on October 20, 1993, in violation of N.C.G.S. § 14-27.6 (93 CR 7538). Petitioner also was charged 
with the criminal offense of attempted second degree sexual offense of Laurie A. Curtis on October 20, 1993 in violation 
of N.C.G.S. § 14-27.6 (93 CR 7539). These criminal matters were heard on April 7, 1994 in Superior Court before an 
impaneled jury, whereby Petitioner's motion to dismiss the attempted second degree sexual offense was allowed. The jury 
returned a verdict of not guilty on the attempted second degree rape. 

21. Petitioner applied for justice officer certification with the Sheriffs' Commission on December 30, 1994. 

22. On August 29, 1994, David D. Cashwell, Director of the Criminal Justice Standards Division, sent to 
Petitioner by certified mail, a letter advising Petitioner that probable cause had been found to believe that Petitioner's 
certification as a law enforcement officer should be suspended, based upon probable cause to believe that Petitioner 
committed two (2) Class B misdemeanors and knowingly made material misrepresentations of information on his application 
forms for obtaining law enforcement certification. This letter further advised that probable cause existed that Petitioner failed 
to maintain the minimum employment standard that every law enforcement officer shall be of good moral character. 

23. Petitioner was appointed as a jailer with the Robeson County Sheriffs Office on December 30, 1994. On 
February 24, 1995, Joan G. Neuner, Director of the Sheriffs' Education and Training Standards Commission, sent to Peti- 
tioner by certified mail, a letter advising Petitioner that probable cause had been found to believe that his certification was 
subject to being denied, based upon probable cause to believe that Petitioner falsified his application for certification with 
each of the Respondent Commissions and that Petitioner committed two (2) Class B misdemeanors of Assault on a Female. 
This letter further advised Petitioner that probable cause existed to believe his certification was subject to be denied based 
on his lack of good moral character. 

24. Upon further investigation, it has been determined that the "Richard Terry Locklear" convicted on 
September 23, 1992 for the fraudulent criminal act of disposing of mortgaged property is not Petitioner; therefore, the 
Criminal Justice Commission does not intend to pursue that portion of its allegations which states that Petitioner failed to 
notify the Criminal Justice Standards Division of the 1992 conviction. 

Adjudicated Facts 

Material Misrepresentations 



25. Petitioner was bom in Robeson County on December 19, 1951; lived in New Jersey from 1980-1990; and 
has been married to Irene Locklear since 1990. 

26. Petitioner apphed for employment as a police officer with the town of Whiteville on or about May 1, 1991. 

27. Petitioner was caused by authorities at the Whiteville Police Department to sign at least two documents on 
May 1, 1991; namely, an F-3, Personal History Form (Exhibit 5), and an F-5A LE Report of Appointment Form (Exhibit 



2259 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CONTESTED CASE DECISIONS 



4). 

28. Chief John Raynor did not cause the F-5A LE Report of Appointment form to be filled out by his secretary 
with any typed information until on or after the date drug testing results were received which was May 7, 1991; hence, Peti- 
tioner signed the F-5 Report of Appointment form in blank. 

29. In the section of Form F-5A LE entitled "Criminal Offense Record," only one criminal offense is disclosed. 
It is disclosed that Petitioner was charged with "Assault on a Female" by the "Kamey PD in NJ" "4-5 years ago." It is 
disclosed that the case was disposed of by Petitioner paying a fine. 

30. Petitioner's signature is on the form attesting that the information on the form was complete and accurate 
to the best of his knowledge. The same representation was made by Chief John Raynor. 

31. In June 1991, Petitioner applied with the Criminal Justice Commission for certification as a law enforcement 
officer with the Whiteville Police Department by submitting the Report of Appointment/ Application for Certification (Form 
F-5A LE) to that Commission. The form is a required document for certification. (Respondents' Exhibit 4). 

32. Based upon information provided by the Petitioner to the Criminal Justice Commission on the Form F-5 A 
LE, the Commission issued a law enforcement officer certification to Petitioner. 

33. Also, as part of the state certification process, Petitioner was required to complete and did complete on May 
1, 1991 a Criminal Justice Commission mandated form, the Personal History Statement (Form F-3). This document assists 
with the required background investigation of the officer and is not submitted to the Criminal Justice Commission but is 
maintained on file with the local department for review by the Commission. 

34. Question number 50 on the Personal History Statement asks: "Have you ever been charged with a criminal 

offense? Yes No. If yes, give details below." Blank spaces are provided to allow the officer to include the 

particular offense charged, the law enforcement agency, date, and disposition of the case. (Respondents' Exhibit 5). 

35. Petitioner responded to Question 50 on the Criminal Justice Commission's form in the following manner: 

A. Simple Assault, Kearny P.D., 1985 or 1986, Fine of $200.00 

B. ?, Clinton, NJ P.D., ?, Fine of $200.00 

C. Driving on Suspended list (would like to explain), Kearny, N.J. PD, ?, Fine of? 

The explanation attached for question 50B included the following: "After losing my job in 1978 a car dealership came and 
repossessed my car. I took my car back. I did not know that it was a crime. I was fined $200.00." (Respondents' Exhibit 
5). 

36. In order to become a jailer with the Robeson County Sheriffs Department, Petitioner was required to and 
did complete on December 12, 1994 a Sheriffs' Commission mandated form, the Personal History Statement (Form F-3). 
This form assists with the required background investigation of the officer and is submitted to the Sheriffs' Commission as 
part of the state certification application process. (Respondents' Exhibit 11). 

37. Question number 47 on the Sheriffs' Commission Personal History Statement asks: "Have you ever been 

arrested by a law enforcement officer or otherwise charged with a criminal offense? Yes No. " Blank spaces are 

provided to allow the officer to include the particular offense charged, the law enforcement agency, date, and disposition 
of the case. (Respondents' Exhibit 11). 

38. Petitioner responded to Question 47 on the Sheriffs' Commission form in the following manner: 

1. Unauth vehicle, Clinton Police NJ, ?, fine 

2. Disorderly person, Kearny PD NJ, ?, fine 

3. Assault on Female, 2d attempted rape, attempted sex off, N.C. S.B.I. , 10-93, not guilty. 

4. Harassing communication. New Jersey State Police, Blairstown, N.J., dismissed. (Respondents' 
Exhibit 11). 



10:17 NORTH CAROLINA REGISTER December 1, 1995 2260 



CONTESTED CASE DECISIONS 



39. When asked on the Sheriffs' Commission Form F-3 (Question number 29) whether he had "ever been 
discharged or forced to resign from any position because of criminal misconduct or rules violation. " Petitioner explained 
that he "was discharged from Whiteville Police Department for assault on a female and 2nd degree attempted rape (not 
guilty)." 

40. On August 16, 1980, Petitioner was stopped and arrested by the Clinton, New Jersey Police Department 
and charged with the felony of receiving stolen property, a 1979 Ford automobile. Upon being placed under arrest, the 
police brought Petitioner to police headquarters and fingerprinted and photographed him. After the above processing. 
Petitioner was placed in the custody of the Hunterdon County Jail. (Respondents' Exhibit 3C). 

41. The Ford automobile belonged to Petitioner until it had been repossessed by the Ford Motor Credit 
Company due to Petitioner's failure to make his car payments. On August 15, 1980, the vehicle was in the possession of 
Clinton Ford until Petitioner took the vehicle. (Respondents' Exhibit 3C). 

42. On February 2, 1982, Petitioner pled guilty to and was found guilty of the misdemeanor of unlawful taking 
of a means of conveyance, in violation of N.J. S. A. 2C: 20-7. This is the offense to which Petitioner referred in answer SOB 
on the Criminal Justice Commission's Form F-3. 

43. Petitioner admitted that the above incident occurred and that it was not reported on the Criminal Justice 
Commission's Report of Appointment/ Application for Certification (Form F-5A LE). 

44. According to documents received into evidence, the New Jersey State Police served Petitioner on August 
18, 1983 with a criminal summons for simple assault, which allegedly occurred on August 15, 1983, and he was released 
from custody that same day on his own recognizance. On August 18, 1983, Petitioner filed a complaint with the New Jersey 
State Police against Terri L. Thomas and Thomas E. Pryslak for simple assault which allegedly occurred on August 15, 
1983. All three charges were eventually dismissed in the White Township Municipal Court on September 14, 1983. 
(Respondents' Exhibit 3B). 

45. According to the New Jersey State Police investigation report, on August 15, 1983 two troopers responded 
to a "fight in progress" call at Bill's Olympic Diner, whereby Terri Thomas and her friend Thomas Pryslak had been 
involved in a physical altercation with Ms. Thomas' ex-boyfriend, the Petitioner, in the parking lot. (Respondents' Exhibit 
3B). 

46. When asked about this 1983 assault charge by Respondents' Request for Admissions, Petitioner indicated 
that he was "without the knowledge, memory, or information sufficient to form a belief as to the truth of this requested 
admission." (Respondents' Exhibit 10). 

47. Petitioner testified at the hearing that he remembered the fight with Mr. Pryslak over his girlfriend, Terri 
Thomas, but did not remember taking out any papers on the two nor that he was charged with simple assault. 

48. Petitioner agreed that the above 1983 simple assault charge was not listed on the Criminal Justice 
Commission's Form F-5A LE nor the Form F-3, and also that such charge was not listed on the Sheriffs' Commission Form 
F-3. 

49. Petitioner admitted that on or about August 24, 1983, he was arrested for the offense of harassing communi- 
cations, in violation of N.J. S. A. 2C:33^C, transported to jail in a police vehicle, and on or about September 7, 1983, that 
charge was dismissed in the Municipal Court of Belvidere, New Jersey. (Respondents' Exhibit 10). 

50. Petitioner admitted that he did not list the above 1983 harassing communications charge on the Criminal 
Justice Commission's Form F-5A LE nor the F-3. 

51. Petitioner admitted that in 1984 while in New Jersey he was criminally charged with writing a worthless 
or bad check (Case Number 84/12-106R), which he paid off. 

52. Petitioner admitted that the worthless check conviction was not included on the Criminal Justice Commis- 
sion's Form F-5A LE nor the F-3, and also that he did not list such charge on the Sheriffs' Commission's Form F-3. He 
explained that he felt the worthless check charge was "so trivial" that he didn't need to list it. 



2261 NORTH CAROLINA REGISTER December 1, 1995 10:17 



CONTESTED CASE DECISIONS 



53. Petitioner admitted that on or about July 1, 1988, he was charged with simple assault of his girlfriend 
Beverly Durr, in violation of N.J.S.A. 2C:12-l(a)(l), and on September 26, 1988 pled not guilty to and was found guilty 
of that criminal offense in the Municipal Court of Kearny, New Jersey. (Respondents' Exhibits 2 and 10). 

54. Petitioner did not list "simple assault" or "assault on a female" on the Sheriffs' Commission's F-3, but 
testified that he was confused when he completed this document in December 1994 and listed this 1988 conviction as 
"disorderly person" and placed a question mark in the space provided for a date. 

n. 

55. Chief John Raynor of the Town of Whiteville was charged with a duty to fully investigate the offenses 
which Petitioner disclosed. 

56. Chief Raynor called New Jersey about the alleged possession of stolen auto. 

57. No documents were forthcoming from New Jersey from the phone call. Chief Raynor agrees that the 
standard way of obtaining such information is a letter or fax under the letterhead of the law enforcement agency. This is 
necessary to show an official need to know since such records are not regularly sent to civilians. 

58. Chief Raynor never sent a letter or fax to New Jersey requesting the material, although Petitioner had 
correctly designated the name of the police department which had jurisdiction of this matter which occurred in Clinton, New 
Jersey. 

59. Petitioner added a sheet to his F-3 form which described in some detail the circumstances of the stolen auto 
charge. 

60. Chief Raynor spoke to Mrs. Outland, an agent of the Criminal Justice Standards Division, regarding the 
automobile offense described above and relayed to her the facts given Chief Raynor by Petitioner on the F-3 form. 

6 1 . Chief Raynor and Mrs. Outland concluded that the matter in question was more civil In nature, and it was 
agreed between them that the matter should be omitted from the Report of Appointment Form F-5A LE. 

62. Chief Raynor requested that Petitioner send to New Jersey for records on the assault disclosed on the Form 
F-3. Petitioner did so. The records were forwarded to the Criminal Justice Standards Division. 

63. Notwithstanding the disclosure of the Assault on a Female conviction. Petitioner was certified as a Law 
Enforcement Officer on May 22, 1991, and served as a patrolman with the agency City of Whiteville from May 21, 1991 
until November 17, 1993, when he was discharged. 

64. Charles R. Blackmon, former Sergeant with the Whiteville Police Department, testified that he conducted 
the background investigation on Petitioner for the City of Whiteville in April 1991. He stated that Petitioner told him of 
only one offense, simple assault, which Mr. Blackmon listed on the city background form. (Respondents' Exhibit 16). 

65. Ehiring Petitioner's term of service in Whiteville, he received several commendations into his personnel 
record and received no write-ups or disciplinary actions untU he sent an anonymous letter to the members of the City Council 
of the Town of Whiteville reporting Sergeant Charles Blackmon (not his supervisor) for fraud in connection with misuse of 
the official time clock and for receiving payment for hours not worked. 

66. Shortly following this incident. Chief Raynor and Sergeant Blackmon resigned, both close, but short of 
earning retirement benefits with the Town of Whiteville. 

67. Before he resigned. Chief Raynor undertook an investigation to determine who wrote the note and concluded 
that Richard Locklear did. Chief Raynor called Petitioner in to question him about it. 

68. Petitioner refused to answer Chief Raynor's questions but stated willingness to speak in front of the City 
Manager. 



10:17 NORTH CAROLINA REGISTER December 1, 1995 2262 



CONTESTED CASE DECISIONS 



69. Chief Raynor demanded that the City Manager fire Petitioner on the spot; the City Manager refused and 
required Chief Raynor to put his charges in writing. When completed, these consisted only of charges of refusal to answer 
questions about the note to City Council, questions which were answered in front of the City Manager, Jeff Emory, and in 
the presence of Chief Raynor. 

70. By action of the City Manager, Petitioner was suspended from duty for three days. 

71. Petitioner received numerous write-ups thereafter under the new Chief. 

72. According to State Bvireau of Investigation Sjjecial Agent David R. Marshall, when he interviewed Petitioner 
during a criminal investigation into Petitioner's conduct, he asked Petitioner if he had ever been arrested. Petitioner 
answered "yes, assault, 10-15 years ago" and then further indicated that he had no other arrests. 

Class B Misdemeanors 



73. Within five years prior to his application to the Sheriffs' Standards Commission for certification, Richard 
Lx>cldear was charged with two crimes: namely, the felonies of attempted rape and Second Degree Sex Offense on Laurie 
Ann Curtis, for which charges Locldear was tried and acquitted after brief jury deliberation in the Superior Court of 
Columbus County; and misdemeanor assault on Laura Yvette Casto, for which he was acquitted at the District Court of 
Columbus County. Both Casto and Curtis appeared and testified before the trier of fact. 

74. Both charges were lodged after Richard Locldear sent the anonymous letter to the City Council, the Casto 
matter having allegedly occurred on June 20, 1991, nearly six months before her charges were brought. 

n. 

75. Laurie Ann Curtis (hereinafter referred to as Brown, her married name at the time of the hearings) moved 
to North Carolina from Michigan in 1992. In August 1993 she began residing at a mobile home in Wliiteville, North 
Carolina, along with her then roommate Carol Sue Clark, and a pit bull dog. 

76. Petitioner met Brown first briefly at the Sheriffs Department, then bumped into her at a gas station. They 
briefly talked in a parking lot, and later when she was employed at the Time Saver Convenience Store, Locklear would stop 
by while on duty on his route. 

77. Brown gave Locklear directions to her mobile home. 

78. According to Brown, Petitioner came by her home unannounced one day in August 1993 while she was 
getting ready for work. Petitioner followed her to the bathroom where they engaged in casual conversation. When she 
turned away from the mirror. Petitioner grabbed her and kissed her. 

79. Brown testified that she told Peririoner "no, I have a boyfriend," and Petitioner left without further incident. 

80. The next time Brown recalled seeing Petitioner was at her work as she was about to finish her shift. 
Petitioner asked Ms. Brown if he could follow her home and she agreed with the understanding that they were only going 
to talk. 

81. Shortly thereafter. Petitioner returned to the Time Saver in uniform, complete with his gun and badge, but 
in his personal car and they drove to Ms. Brown's home. 

82. Brown testified that when they entered Ms. Brown's house, they saw Carol Clark asleep on the living room 
couch. As Ms. Brown walked to her bedroom. Petitioner followed. Brown testified that once in her bedroom, Petitioner 
attempted to kiss Ms. Brown but stopped when Ms. Brown's pit bull dog growled and walked between the two. Ms. Brown 
rebuffed this advance. Ms. Brown refused to lock up the dog as Petitioner requested, and told Petitioner it was time for him 
to leave. As he left the house, she told Petitioner she was going to buy a dictionary so he could look up the word "no." 

83. According to Ms. Brown she never invited Petitioner to engage in any sexual intimacies at her trailer and 
2263 NORTH CAROLINA REGISTER December 1, 1995 10:17 



CONTESTED CASE DECISIONS 



neither party ever removed their clothes. 

84. Carol Clark testified that she was sleeping the morning Petitioner followed Ms. Brown home from work. 
She heard Ms. Brown tell Petitioner as he was leaving that she was going to buy him a dictionary so he could look up the 
word "no." 

85. The above events occurred after Locklear sent the letter to the City Council telling of the time card fraud. 

86. Brown (then Curtis) told her then boyfriend (Reginald Brown, later her husband) about the relations that 
occurred between her and Locklear. 

87. Since the incident in question, Laurie Ann Curtis has married Reginald Brown. 

88. Reginald Brown, at that time and since, was a deputy sheriff with the Columbus County Sheriffs Depart- 
ment; Reginald Brown's brother, Willie Brown, was and is a patrolman with the Town of Whiteville, and had been under 
the supervision of Sergeant Charles Blackmon at the time of the time card incident. 

89. An event involving Patrolman Willie Brown also was connected to the time card problems and such 
involvement was likewise reported by Officer Locklear; Sergeant Blackmon had marked one of Willie Brown's time cards 
showing the reason for a tardy one morning had been car trouble when in fact Officer Brown later stated to his fellow 
officers in the locker room that he did not remember having to come to work that day. 

90. Just after Chief Raynor and Sergeant Blackmon resigned and the new Chief Aragon had been appointed, 
on or about October 20, 1993, Petitioner Locklear was on duty and making his rounds near the Time Saver where Ms. 
Brown (then Ms. Curtis) was on duty. 

91. At about 3:00 a.m., Brown was alone at the Time Saver with two male and one female customers who 
made her nervous and uncomfortable. She saw out the window of the store a Whiteville police car passing by and waved 
for it to stop. When the jxjlice car pulled up to the store entrance, Ms. Brown went outside and saw that the officer driving 
the car was Petitioner. 

92. Brown told Petitioner that two black males and one female were in the store and that she was scared. Just 
then the two black males came out leaving the black female Inside. 

93. At about that time, two acquaintances of the female customer arrived and escorted the customer away from 
the store. 

94. Petitioner asked to borrow a broom to sweep out his car floorboard. 

95. Ms. Brown entered the store and Petitioner followed her to a storage room in the back of the store. 

96. Brown testified that once in the storage room. Petitioner faced her, put his hands on her shoulders and 
leaned toward her. Using both hands, Ms. Brown pushed Petitioner's chest in an effort to get away. 

97. Brown testified that Petitioner grabbed her left arm and twisted it behind her back. He then kissed her. 

98. Brown testified that she told Petitioner "no, let me go." Petitioner's body was pressed against Ms. Brown's 
body. She struggled to get away but could not move. 

99. Petitioner pulled Ms. Brown's shirt out of her pants, ran his hand up her shirt and under her bra, and 
rubbed her breast with his hand. He then moved his hand down her back and inside her jogging pants. 

100. At about that moment the gas pump buzzer rang indicating that someone was at the store's gas pump 
wanting gas. Ms. Brown testified that she told Petitioner that someone was here and to let her go. 

101. Petitioner released Brown and she went to the store counter to press the necessary button to allow the 
customer outside to obtain gas. 



10:17 NORTH CAROLINA REGISTER December 1, 1995 2264 



CONTESTED CASE DECISIONS 



102. Brown testified that she was terrified of^Petitioner and scared, and she could not remember exactly what 
occurred next while Petitioner remained in the store. She remembered that he eventually left. 

103. Petitioner testified that after the black female came out, he was under a duty to inspect the premises to find 
another person of whom Ms. Brown had spoken. 

104. Petitioner testified that he went into the store and quickly to a back storage room which had no door but 
was configured such that a person might hide there. 

105. Ms. Brown followed Petitioner into the room and they remained there about a minute and a half, during 
which the doors to the Time Saver were open and sixteen gas pumps were operational when customers electronically 
requested authorization to pump which was given from the counter. Ms. Brown was the lone employee in the store and was 
working the counter on this night. 

106. Petitioner testified that Brown came to stand behind him while he was in the storage room; as he turned 
around in the narrow corridor of the storage room, Ms. Brown reached up and put her arms around his neck and kissed him 
and Locklear kissed her back and then reached and touched her breast with his left hand with no protest from Ms. Brown; 
the incident lasted only a few seconds during which Brown suggested to Locklear that a customer might be entering the store 
at any moment; then the two returned to the store. 

107. A video tape (Exhibit Def. #4) taken by a security camera in the store shows that for the next twelve 
minutes Brown and Petitioner smoked cigarettes together and had unstrained conversation. Then the tape shows they went 
elsewhere in the store together. Petitioner had coffee while Brown drank Coca-Cola. After about ten minutes Locklear left. 

108. Shortly after Petitioner left the Tune Saver Store, Ms. Brown called the Whiteville Police Department and 
reported that she wished to file a complaint against a Whiteville Police Officer. 

109. In about thirty minutes to one hour after calling the police department. Sergeant Price Carpenter with the 
Whiteville Police Department arrived at the Time Saver and obtained a statement from Ms. Brown regarding her complaint. 

110. When Sergeant Carpenter arrived around 4:00 a.m.. Brown appeared to him to be emotionally distraught. 
Brown complained that Locklear pulled her left arm around her back and forcibly held it there. 

111. After discussing the incident with Sergeant Carpenter, Ms. Brown remained at work until her store 
manager, Kathy Avery, arrived at the store at about 6:00 a.m. She informed her manager as to what had occurred and then 
left. 

112. Avery found Ms. Brown crying and very upset and nervous. 

113. Brown went home after her shift ended, but later went to the hospital after talking to her then boyfriend 
Reginald Brown. 

114. Brown was treated in the emergency room. No bruises were observed. No muscle spasms were detected 
objectively indicating pain in the left arm. Brown was treated by giving her a sling for her left arm. 

115. The video tape shows that after the time Petitioner left, she used her left hand and arm vigorously to count 
money, reach for cigarettes over her head, operate the cash register and to handle and package merchandise. Brown was 
courteous to customers and at no time grimaced or acted as if her left arm was in pain. 

1 16. Brown returned to the Time Saver at about 1 1:00 p.m. the next night for her regular shift accompanied 
by her roommate Carol Clark. 

117. While Brown was discussing the alleged assault upon her with the assistant store manager, Jennifer Walker, 
who was completing her shift of work, the telephone rang. Upon answering the telephone, Ms. Brown discovered it was 
Petitioner calling her and motioned for Jennifer Walker to pick up the other telephone extension. 

118. Ms. Walker, who testified that she knew Petitioner, picked up the telephone in tune to hear him say to Ms. 
Brown, "I thought you liked it rough." 

2265 NORTH CAROLINA REGISTER December 1, 1995 10:17 



CONTESTED CASE DECISIONS 



119. Brown later met with SBI Agent Dave Marshall. 

120. Brown was not forthcoming to Agent Marshall's questions concerning her criminal record. Brown has been 
convicted of two misdemeanor larcenies and one obtaining property under false pretenses using a check (reduced from felony 
forgery and uttering). Brown told Agent Marshall only that she had been convicted of an assault in Shallotte. 

121. Neither Brown nor Petitioner was offered a polygraph by Agent Marshall, even though his practice is to 
use the technique in fully forty percent (40%) of such cases involving accusations against police officers. 

122. Ms. Brown gave essentially the same testimony in Columbus County Superior Court and the Court 
dismissed the sexual offense charge, and the jury acquitted Locklear on the attempted rape charge after a deliberation of less 
than fifteen minutes. 

123. Petitioner testified that he first met Ms. Brown in the summer of 1993 in downtown Whiteville. He stated 
that Ms. Brown invited him to visit her at her mobile home and indicated to him that she wanted to go to bed with him. 
Prior to visiting at her mobile home, the Petitioner testified that they had spoken for a total of ten to fifteen minutes. 

124. On one occasion, Petitioner drove to Ms. Brown's trailer in his personal vehicle, wearing shorts, a shirt 
and his sidearm as he was on his way to work security at Wilson's. He followed Ms. Brown back to her bathroom where 
she was fixing her hair in preparation for work. They talked for a few minutes and he left. 

125. The next time Petitioner visited Ms. Brown in her home, he followed her home and from work while still 
dressed in a Whiteville Police Department uniform but in his personal car. According to Petitioner, he and Ms. Brown 
walked past her sleeping roommate Ms. Clark, into Ms. Brown's bedroom, began "kissing and touching," and eventually 
got completely undressed and into Ms. Brown's bed. 

126. Petitioner stated that they ceased their sexual intimacy when Ms. Brown stated "she didn't like quickies" 
and he should come back later that night. Petitioner left and did not return that night. 

127. According to Petitioner, at around 3:00 a.m. on October 20, 1993, while on duty with the Whiteville Police 
Department, Petitioner went inside the Tmie Saver store to look for other possible suspicious persons in the store. He went 
into the back storage room and Ms. Brown followed him. The Petitioner did not check the bathroom for suspects. 

128. Petitioner stated that Ms. Brown put her arms around his neck and kissed him. He kissed her back, then 
lifted up the right side of her shirt, placed his hand on her bra and fondled her breast. He held her hands down by her side 
and kissed her some more. Petitioner then pulled the rest of her shirttail out of her pants. 

129. Petitioner testified that the entire incident was consensual. 

130. When asked whether such conduct while on duty was indicative of good character for a law enforcement 
officer. Petitioner replied that he "made a mistake." 

in. 

131. Laura Yvette Casto (hereinafter referred to as Pittman, her married name at the time of the hearing) moved 
to Whiteville in November 1992 and met Petitioner the same month when he responded to her call for assistance from the 
Whiteville Police Department in reference to her then boyfriend Gary Strickland. 

132. In April 1993, Pittman again summoned the assistance of the Whiteville Police Department regarding a 
complaint of domestic physical abuse by her then boyfriend Billy Harris. Petitioner was the responding officer. It was 
comforting to Pittman that Petitioner was not afraid of Billy Harris. 

133. Pittman often called the police department and requested assistance due to assaults and her fear of assaults 
by Harris. 

134. From time to time, situations would arise requiring officers including Petitioner to confront Billy Harris 
or even remove him from the premises. 



10:17 NORTH CAROLINA REGISTER December 1, 1995 2266 



CONTESTED CASE DECISIONS 



135. Pittman preferred Locklear as an officer to handle Harris because he was more firm with him and could 
get the results she wanted. Billy seemed to listen to Locklear more. 

136. On June 11, 1993, a member of the Whiteville Police Department helped Pittman obtain an ex parte order 
restraining Billy Harris, with such order setting a court date of June 21, 1993. 

137. Upon getting the order, Pittman attempted to stay away from Billy Harris by continuing to work as a 
waitress at the Waffle House and staying at night in the home of her manager. Penny Branton. 

138. On or about June 18, 1993, Pittman requested the Whiteville Police Department send an officer to escort 
her and Ms. Branton to her house to pick up some p)ersonal items. Petitioner met the two women at Pittman's house. While 
at the house, he insisted that Pittman should not have to leave her house since she paid the rent. Nevertheless, Pittman 
returned with Branton to the Branton home. 

139. On June 20, 1993, while working the second shift at the Waffle House, Pittman saw and spoke with 
Petitioner who indicated that he had just gone on duty with the police department and would be working until 7:00 a.m. 
Petitioner told Pittman that he would escort her to her house that night when she got off work at 10:00 p.m. and she should 
feel safe there because he would come by and check on her all night. Pittman agreed. Pittman called Branton and told her 
that, at the Petitioner's suggestion, she would stay at her own house that night. 

140. At about 10:00 p.m. on June 20, 1993, Petitioner followed Pittman to her house in his patrol car, where 
he checked the yard before proceeding into the house. 

141 . Pittman testified at the hearing that the two walked into her bedroom for the purpose of Petitioner checking 
that part of the house. Pittman testified that Petitioner sat on Pittman's bed and patted his leg, indicating to her that he 
wanted her to sit on his lap. 

142. Pittman ignored Petitioner and he got up from the bed. 

143. Petitioner denied sitting on the bed and patting his lap. 

144. Upon searching the bathroom, they discovered the bathroom window needed to be nailed closed so 
Petitioner promised to go get some nails and return to secure the window. Pittman was very nervous and frightened at this 
point in time. 

145. Pittman and Petitioner walked into the kitchen. As Pittman turned from checking the back kitchen door, 
she found Petitioner standing right next to her. Pittman testified that Petitioner firmly gripped her arms with his hands and 
pulled her close to him. She felt his gun belt on her stomach. 

146. Pittman testified that Petitioner told her she needed to get rid of Billy and get a "real man. " Pittman pulled 
back from Petitioner, dropped her head and told him to get his hands off her. Petitioner told her she needed a man and 
needed one now. Petitioner added that she needed to relax, whereupon Pittman replied that she wanted him to get out of 
her house. Petitioner became angry and eventually left. Petitioner did not return with the nails to Rttman's house. 

1 47 . Pittman testified she did not consent to Petitioner grabbing her and was angry and upset that he made such 
advances toward her. 

148. Petitioner testified that just before he left to get the nails, Pittman became very agitated and upset, 
apparently out of fear of Billy returning to beat her. 

149. Petitioner testified that seeing Pittman in this emotional state, he placed his hands firmly on her upper arms 
between the elbow and the shoulder and said directly to her that he and other officers would check on her periodically 
through the night and for her not fear, or words to that effect. Petitioner then left. 

150. Just after Petitioner left, and unknown to Petitioner, BiUy Harris entered the house and beat Pittman badly. 

151. After Billy had gone Pittman wandered out into the streets and noticed several Whiteville City Police 
vehicles and several officers apparently working a wreck. 

2267 NORTH CAROLINA REGISTER December 1, 1995 10:17 



CONTESTED CASE DECISIONS 



152. Just after leaving Pittman's residence, Locklear had been dispatched within a short period of time to more 
than four calls including a wreck. 

153. Pittman did not approach the police cars and officers she saw. 

154. Pittman was extremely angry at the Whiteville PoUce Department because no officers were there when Mr. 
Harris assaulted her and she decided that thereafter she would handle the matter herself without calling the police. 

155. In June 1993, Penny Branton lived in Whiteville and worked as manager at the Waffle House. She testified 
that she knew about Pittman's domestic problems with Billy Harris and helped Pittman with court proceedings against him. 
She allowed Pittman to stay at her home because of Harris. 

156. On June 18, 1993, Branton went with Pittman and Petitioner to Pittman's house to get some personal 
belongings. While inside the house, Branton observed Petitioner sit on Pittman's bed and look through her personal items 
on a nearby bureau. Petitioner continually insisted that Pittman should stay in her own home. 

157. On June 20, 1993, Pittman telephoned Branton from work and told her she would stay at her own home 
that night because Petitioner would be on duty and would look out for her. Branton tried to convince Pittman to stay another 
night at the Branton house, but to no avail. 

158. The next day, June 21, 1993, Branton learned Pittman did not make her court date. Pittman was very upset 
when she arrived at work that day. She told Branton then that "Billy got her" and that Petitioner had grabbed her and told 
her she needed a man. 

159. Within a couple of days, Pittman allowed Billy Harris to return to the house and for several months there- 
after Pittman endured many beatings from Billy Harris. She did this so she could eventually save enough money to leave 
as she eventually did. 

160. Just a few days after Pittman returned to her home and was beaten by Billy, Petitioner went to the Waffle 
House for a break. Pittman was there. Pittman publicly cursed the Whiteville Police Department and Locklear in particular 
for not protecting her from Billy on the night of the first beating after she returned home. Pittman never at this time accused 
Petitioner of touching her inappropriately. 

161. Pittman testified that Petitioner's grabbing of her was not an "embrace of consolation," and that she felt 
his conduct was inappropriate and unprofessional. 

162. The next day, Pittman told her supervisor and friend Ms. Branton what had occurred the night before. 
Pittman testified she did not report Petitioner's behavior and actions to the Whiteville Police Department because she did 
not believe they would help her. 

163. Pittman reported the incident with Petitioner to the SBI at the end of October 1993. Pittman was prompted 
to report the incident because of a newspaper story she saw regarding Petitioner and the incident with Brown at the Time 
Saver on October 20, 1993. 

164. Petitioner was found not guilty in District Court of the criminal charge of assaulting Pittman. 

Good Moral Character 

165. Former Chief John Raynor, Special Agent Dave Marshall and Chief Randall Aragon all testified that 
honesty and integrity are essential attributes of a law enforcement officer. 

166. Lt. Jeff Martin testified that honesty and integrity are essential attributes of a jailer. 

167. Richard Locklear's character was investigated by Sergeant Charles Blackmon at the time of Locklear' s 
application to the Whiteville Police Department. Blackmon spoke with Locklear's minister and at least one neighbor in the 
community in which Locklear hved. Blackmon could find nothing in Locklear's background that would disqualify him from 
service because of bad moral character. 



10:17 NORTH CAROLINA REGISTER December 1, 1995 2268 



CONTESTED CASE DECISIONS 



168. Chief Randall Aragon testified that while Petitioner was employed with the Whiteville Police Department, 
he had a reputation in the law enforcement community for routinely attempting to establish personal relationships with 
women, while being married. 

169. The incidents Locklear listed on the F-3 form were never characterized by the Whiteville PoUce Department 
as matters of bad moral character. 

170. Petitioner admits to a physical encounter with Ms. Brown on October 20, 1993 while he was on duty, in 
uniform, and married. 

171. Locklear testified that his acts of returning affection to Ms. Brown, even though she initiated the same, was 
wrong, was a mistake in judgment, and should not have occurred while he was on duty. 

172. Former Chief John Raynor, Special Agent Dave Marshall and Chief Randall Aragon all testified that it was 
impropier conduct for a married law enforcement officer, in uniform and on duty, to attempt to be intimate with a member 
of the opposite sex. 

173. Lieutenant Jeff Martin, Personnel Officer with the Robeson County Sheriffs Department, testified to 
Locklear's good character and reputation both in the Department and among those with whom he worked. He also cited a 
good character and reputation given Locklear during the background check done by the Robeson County Sheriffs Depart- 
ment. Lt. Martin cited a specific example that while on duty Locklear was offered a very large bribe by an alleged drug 
dealer who was under $1,020,000.00 bond and wanted Locklear to help him escape. Locklear brought the matter 
immediately to the attention of his supervisors and aided in the investigation of the inmate. 

174. The only write-ups Locklear has received on his personnel record since going to work for Robeson County 
have been for occasional instances of forgetting to enter an electronic signal during his jail rounds so that other officers can 
keep up with his position. 

175. Locklear has contact with many female staff and fellow officers and sometimes female inmates at his job 
as a Robeson County jailer but there have been no complaints about his behavior. 

176. Locklear came forward with information about irregularities on the Whiteville Police Department time 
keeping system involving a sergeant who resigned along with Chief Raynor after an inquiry. 

Based upon the foregoing, the undersigned reaches the following: 

CONCLUSIONS OF LAW 

1. All parties are properly before this Administrative Law Judge in that jurisdiction and venue are proper and 
that both parties received proper notice of hearing. 

2. The North Carolina Criminal Justice Education and Training Standards Commission has the authority 
granted under Chapter 17C of the North Carolina General Statutes to establish minimum standards for the certification of 
persons to be employed and retained as criminal justice officers. 

3. The North Carolina Sheriffs" Education and Training Standards Commission has the authority granted under 
Chapter 17E of the North Carolina General Statutes to establish minimum standards for the certification of persons to be 
employed and retained as justice officers (deputy sheriffs and jailers). 

4. The Criminal Justice Standards Commission must prove by the greater weight of the evidence that it has 
sufficient cause to take adverse action against Petitioner's certification as a criminal justice officer. 

5. Petitioner must prove by the greater weight of the evidence that the Sheriffs' Education and Training 
Standards Commission does not have sufficient cause to deny Petitioner's application for certification. 

6. Based upxDn observation of Brown, Petitioner and Carol Clark, both on the witness stand and in the hearing 
room; the testimony of the witnesses, the videotape of Brown and Petitioner on June 20, 1993, and the totality of the 
evidence, the undersigned concludes there is insufficient evidence to conclude that Petitioner assaulted Laurie Ann Curtis 

2269 NORTH CAROLINA REGISTER December 1, 1995 10:17 



CONTESTED CASE DECISIONS 



Brown, a female, on October 20, 1993, which act is in violation of G.S. 14-33(b)(2). 

7. On June 20, 1993, Petitioner did finnly grip Pittman's arms and pull her close to him. Petitioner did tell 
Kttman she needed to get rid of Billy and get a real man. Petitioner's touching of Pittman was for the purpose of initiating 
an intimate relationship. 

8. Petitioner's touching of Pittman was not an intentional offer or attempt by force and violence to do injury 
to Rttman. 

9. The evidence does not supf>ort a conclusion that Petitioner assaulted Laura Yvette Casto Pittman, a female, 
on June 20, 1993, which act would be in violation of G.S. 14-33(b)(2). 

10. Petitioner knowingly made a material misrepresentation of information to the Criminal Justice Commission, 
by failing to list criminal charges for harassing communications in 1983, simple assault in 1983, worthless check in 1984 
and assault in 1988 on Commission Form F-3 in violation of 12 NCAC 9A .0204(b)(6). The omissions on the F-3 are 
materia], even though it is not submitted to the Criminal Justice Commission because the omissions precluded the Town of 
Whiteville from being able to fully complete the form F-5A LE which was the basis for certification. 

1 1 . Petitioner knowingly made material misrepresentations of information to the Sheriffs' Commission, by 
failing to list criminal charges for simple assault in 1983 and worthless check in 1984 on Commission Form F-3, in violation 
of 12 NCAC lOB .0204(c)(1) and (2). 

12. No other omissions alleged by the Commissions were material. 

13. Petitioner lacks the good moral character required of law enforcement officers and jailers as evidenced by 
his attempts at establishing personal, intimate relationships with women while on duty, in uniform, and married. 

14. Petitioner's lack of good moral character is in violation of 12 NCAC 9A .0204(b)(2), 12 NCAC 9B 
.0101(3), and 12 NCAC lOB .0204(b)(2), and 12 NCAC lOB .0301(8). 

15. Respondent, Criminal Justice Education and Training Standards Commission may properly suspend or 
revoke Petitioner's certification as a criminal justice officer. 

16. Respondent, Sheriffs' Education and Training Standards Commission may properly deny Petitioner's certifi- 
cation as a justice officer (jailer). 

Based upon the foregoing, the undersigned makes the following: 

PROPOSED DECISION 
(Criminal Justice Commission) 

The North Carolina Criminal Justice Education and Training Standards Commission should suspend or revoke 
Petitioner's certification as a law enforcement officer. 

PROPOSED DECISION 

(Sheriffs' Commission) 

The North Carolina Sheriffs' Education and Training Standards Commission should deny Petitioner's certification 
as justice officer (jailer). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions and proposed findings of fact and to present oral and written arguments to the agency. G.S. 150B-40(e). 

A copy of the final agency decision or order shall be served upon each party personally or by certified mail 
addressed to the party at the latest address given by the party to the agency and a copy shall be furnished to his attorney of 



10:17 NORTH CAROLINA REGISTER December 1, 1995 2270 



CONTESTED CASE DECISIONS 



record. G.S. 150B-42(a). It is requested that the agency furnish a copy to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the Criminal Justice Education and Training 
Standards Commission and the Sheriffs' Education and Training Standards Commission. 

This the 30th day of October, 1995. 



# 



Thomas R. West 
Administrative Law Judge 



f 



# 



2271 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE OFFICE OF 

ADMINISTRATrVE HEARINGS 

94 OSP 1530 



SHELIA M. THOMPSON, 
Petitioner, 



N.C. DEPT. OF COMMUNITY COLLEGES, 
Respondent. 



RECOMMENDED DECISION: 
ORDER ON SUMMARY JUDGMENT 



Respondent petitioned the court pursuant to N.C. R. Civ. P. 56 for summary judgment, in its Motion for Summary 
Judgment filed and served October 12, 1995. Petitioner, appearing pro se, did not file a written response, as required by 
Rule .01 15 of the Rules of the Office of Administrative Hearings. The contested case hearing in this matter was scheduled 
for October 26, 1995. The undersigned conducted a hearing via telephone conference call on October 24, 1995 and, pursuant 
to his review of Respondent's motion with attachments and supporting Memorandum of Law and the arguments of both 
parties, makes the following findings of fact and conclusions of law: 

UNDISPUTED MATERIAL FACTS 

1. Petitioner SheUa M. Thompson filed a petition for a contested case hearing on or about November 14, 1994, 
alleging that DCC unlawfully discriminated against her on the basis of her race in denying her a promotion to the position 
of Personnel Assistant V. 

2. Ms. Thompson, an African-American, held the position of Technical Support Specialist in Respondent's 
Personnel Services Section from December 1989 through December 1993, at pay grade 61. As of January 1994, Ms. 
Thompson was reassigned to Respondent's Public Relations Section as an Office Assistant IV, pay grade 59, earning the 
same salary she received as Technical Support Specialist. (Thompson Depo. at 26-28)" Ms. Thompson's transfer to Public 
Relations was the result of a reorganization within the North Carolina Department of Community Colleges (DCC). (Affidavit 
of Rosalyn Comfort, 1 12)™ 

3. In October 1994, Personnel Services advertised internally a vacancy in the position Personnel Assistant V, 
pay grade 61. Ms. Thompson was one of seven applicants for the Personnel Assistant V position. (Comfort Aff. , \ 6) 
Rhonda Stephenson, a Caucasian then employed as Personnel Assistant IV in Personnel Services, also applied for the 
Personnel Assistant V position. (Comfort Aff., 1 12) 

4. Rosalyn Comfort has been Director of Personnel Services from August 1993 to the present, and was 
Assistant Director of Personnel from 1984 to 1993. (Comfort Aff., 1 1) In those capacities Ms. Comfort was the direct 
sujjervisor of both Ms. Thompson and Ms. Stephenson during the employment in Personnel Services, as well as the direct 
supervisor of the incumbent of the Personnel Assistant V position. (Comfort Aff., ^f 3-4) Ms. Comfort, assisted by Lori 
Grippo, Personnel Analyst for Personnel Services, was charged with reviewing the applications for the Personnel Assistant 
V position and making a recommendation for hiring to DCC's management. (Comfort Aff. ff 6-7) Ms. Comfort is 
African- American. 

5. Following review of the applicant's exjDerience and training, interview results, and demonstrated capacity, 

quality, and length of service, Ms. Comfort, with the concurrence of Ms. Grippo, determined that Ms. Stephenson was the 
best qualified candidate for the Persormel Assistant V position. (Comfort Aff. f 9) 



^ +Excerpts of the Thompson deposition are attached to Respondent's Motion for Summary Judgment at 

f Exhibit 1. 

4;Rosalyn Comfort's Affidavit is attached to Respondent's Motion for Summary Judgment at Exhibit 1) 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2272 



CONTESTED CASE DECISIONS 



6. Ms. Thompson and Ms. Stephenson each met the minimum stated and advertised requirements for the 
Personnel Assistant V position, and both had performed back-up duties for the previous Personnel Assistant V. (Comfort 
Aff. ^ 12) However, during her employment with DCC, including her employment in Personnel Services, Ms. Thompson 
had exhibited a chronic record of excessive unscheduled absences from the workplace. (Comfort Aff. t 10) Ms. Comfort, 
as her supervisor, counselled Ms. Thompson repeatedly concerning her absences and their effect on the productivity of 
Personnel Services, and issued Ms. Thompson an oral warning on June 2, 1993. (Comfort Aff. ^ 10, with Exh. 1-6 
attached; Thompson Depo. at 62, 99-100) Ms. Thompson's performance rating declined in 1993, attributable to a diminished 
quality of work resulting from her excessive absenteeism. (Comfort Aff. 1 10) 

7. Ms. Comfort had never had to counsel Ms. Stephenson concerning absences from the workplace. Ms. 
Comfort testified that she had found Ms. Stephenson to be consistently dependable, conscientious about her work and 
scheduling her absences, and highly competent. Ms. Stephenson maintained a consistently high performance rating during 
her employment with Personnel Services. (Comfort Aff. Ill) 

8. Ms. Comfort testified that considerations of race played no part in the decision whom to recommend for 
the Personnel Assistant V position. (Comfort Aff. 1 13) 

9. Ms. Thompson testified that she could not claim that Ms. Comfort intentionally discriminated against her 
on the basis of her race in promoting Ms. Stephenson to the Personnel Assistant V position. (Thompson Depo. at 122-23) 

CONCLUSIONS OF LAW 

1. The Rules of Civil Procedure as contained in N.C.G.S. Chapter lA-1, including Rule 56, apply in contested 
cases in the Office of Administrative Hearings. Rule .0101(1), Rules of the Office of Administrative Hearings. 

2. A motion for summary judgment must be granted if there is no genuine issues as to any material fact and 
the moving party is entitled to a judgment as a matter of law. N.C. R. Civ. P. 56(c); Wilder v^ Hobson . 101 N.C. App. 
199, 398 S.E.2d 625 (1990). The moving party's burden to show that no genuine issue of material fact exists may be met 
by use of affidavits, exhibits, depositions, and other discovery materials, showing that an essential element of the non- 
movant's claim is nonexistent, or that the non-movant cannot produce evidence to support an essential element of his claim. 
Taylor v^ Ashbum , 1 12 N.C. App. 604, 436 S.E.2d 276 (1993). 

3. The party opposing summary judgment is entitled to have the evidence of record and all reasonable 
inferences read in her favor. Adickes v^ S.H. Kress & Co^, 398 U.S. 144, 90 S. Ct. 1598, 26 L. Ed. 2d 142 (1970) 
(construing Fed. R. Civ. P. 56, identical to the North Carolina rule). However, a party opposing a properly supported 
motion for summary judgment may not rest upon mere allegations of her pleading, but must set forth specific facts showing 
that there is a genuine issue for trial. Anderson y^ Liberty Lobby, Inc. . 477 U.S. 242, 106 S. Ct. 2505, 91 L. Ed. 2d 202 
(1986). This obligation is particularly strong when, as in the present case, the non-moving party bears the burden of proof. 
Celotex v, Catrett . 477 U.S. 317, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986). To defeat a motion for summary judgment, 
the non-moving plaintiff must present significant probative evidence tending to support the petition, and from which a 
reasonable factfinder could find for the non-movant. Zawacki y^ City of Colorado Springs , 759 F. Supp. 655, 659 (D. Colo. 
1991) (emphasis added) (citing Anderson y. Liberty Lobby . 477 U.S. at 249, 251, 106 S. Ct. at 2510-12). She cannot avoid 
summary judgment by reciting conclusory allegations. Beaver y^ Hancock , 72 N.C. App. 306, 310, 324 S.E.2d 294 (1985). 

4. N.C.G.S. § 126-16 requires all State agencies to give equal opportunity for employment and compensation 
without regard to race, religion, color, creed, national origin, sex, age or handicapping condition, to all persons otherwise 
qualified. 

5. N.C.G.S. § 126-36 defines the scope of state employee claims in the Office of Administrative Hearings 
(OAH) that allege unlawful discrimination. See Batten y^ North Carolina Dept. of Correction, 326 N.C. 338, 342-43, 389 
S.E.2d 35 (1990) (jurisdiction of OAH over appeals of state employee grievances derives from N.C.G.S. Chapter 126). 
Section 126-36 jjermits an employee to apjjeal to the OAH certain adverse employment actions, including failure to promote, 
that she has reason to beUeve occurred because of her race or color. N.C.G.S. § 126-36 (1993). The ultimate purpose of 
G.S. § 126-36 is the same as the purpose of Title VII (42 U.S.C. § 2000e et se£.): the elimination of discriminatory 
practices in employment. E.g ., North Carolina Dept. of Correction v. Gibson , 308 N.C. 131, 137, 310 S.E.2d 78, rev'd 
on other grounds . 308 N.C. 131, 301 S.E.2d 78 (1983). Therefore, the law governing Title VU claims also governs claims 
under Section 126-36. Id., 308 N.C. at 136-37. 



2273 NORTH CAROLINA REGISTER December 1, 1995 10:17 



CONTESTED CASE DECISIONS 



6. The law interpreting Title Vn provides that the employee has the ultimate burden of proof to show, by the 
preponderance of the evidence, that the employer intentionally discriminated against her in denying her a promotion. Gibson , 
supra , 308 N.C. at 138 (citing Texas Dept. of Community Affairs v. Burdine , 450 U.S. 248, 101 S. Ct. 1089, 67 L. Ed. 
2d 27 (1981)); North Carolina Dept. of Correction v^ Hodge , 99 N.C. App. 602, 606, 394 S.E.2d 285 (1990). The 
employee's threshold burden is to provide sufficient facts to raise an inference of racial discrimination in the employment 
action, by showing by a preponderance of the evidence (1) that she is a member of a protected class, such as a racial 
minority; (2) that she applied and was quahfied for the job for which the employer was seeking applicants; (3) that, despite 
her qualifications, she was rejected in favor of a person of her quaUfications who is not a member of the protected minority. 
Mallorv v^ Booth Refrigeration Supply Co.. Inc. , 882 F.2d 908, 910 n. 1 (4th Cir. 1989); Gibson , supra . 308 N.C. at 137; 
Hodge , supra , 99 N.C. App. at 611. If the employee can make out this prima facie case of racial discrimination, the 
employer must articulate some legitimate non-discriminatory reason for the employment action. Upon that showing by the 
employer, the presumption created by the prima facie case is fully rebutted. St Mary's Honor Center v^ Hicks . 509 U.S. 
, 113 S. Ct. 2742, 2749, 125 L. Ed. 2d 407, 417-18 (1993). 

7. Once the employer has articulated a legitimate, non-discriminatory reason for the adverse employment action 
complained of, the employee then assumes the ultimate burden to prove, by the preponderance of the evidence, that the 
employer's proffered reason is actually a pretext for intentional discrimination. St^ Mary's Honor Center v^ Hicks . 1 13 S. 
Ct. at 2749, 125 L. Ed. 2d at 418; Gibson , supra . 308 N.C. at 137-38. At this point, the case moves to "a new level of 
specificity." Lovelace v^. Sherwin Williams Co. . 681 F.2d 230. 239 (4th Cir. 1982) (quoting Texas Dept. of Community 
Affairs v\ Burdine , 450 U.S. 248. 255, 101 S. Ct. 1089, 67 L. Ed. 2d 207, 216 (1981)). The employee must 

show a connection between her race and her failure to be promoted. In other words, she 
would have to show that she was not promoted because of her race, not that she was a 
member of the black race and was not promoted. 

Autry v^ North Carolina Dept. of Human Resources. 820 F.2d 1384, 1386 (4th Cir. 1987) (emphasis in original) (citing 
Burdine , 450 U.S. 248). See also Theard v^ United States Army , 653 F. Sup. 536, 549 (M.D.N.C. 1987) (applying "but 
for" test of causation to determine whether plaintiff demonstrated that employer's legitimate, non-discriminatory reason was 
mere pretext). In making this showing, the employee may not rest upon the mere allegations in her pleading. N.C.G.S. 
§ lA-1, Rule 56(e). 

8. Assuming for purposes of summary judgment that Ms. Thompson has established a prima facie case of 
racial discrimination, in the affidavit of Rosalyn Comfort Respondent has asserted a legitimate, non-discriminatory reason 
for the decision not to app>oint Ms. Thompson to the Personnel Assistant V pKDsition: she was not the most qualified applicant 
in terms of experience and demonstrated quality of performance, having proven herself to be less dependable than the 
successful candidate on account of her history of chronic excessive absenteeism from the workplace. See Mallory v^ Booth 
Refrigeration , 882 F.2d 908. 910-11 (4th Cir. 1989) (absenteeism is among legitimate criteria on which to base a denial of 
promotion). Respondent has therefore fully rebutted Petitioner's prima facie case of unlawful discrimination. St Mary's 
Honor Center v^ Hicks . 1 13 S. Ct. at 2749. 125 L. Ed. 2d at 417-18. 

9. Ms. Thompson has offered no forecast of evidence capable of showing that Respondent's legitimate non- 
discriminatory reason for its personnel decision was a pretext. Ms. Thompson conceded that her supervisors at DCC as far 
back as 1976, including Ms. Comfort, had counselled her about excessive absenteeism from the workplace, and that she was 
aware that her absenteeism could affect her performance. (Thompson Depo. at 62, 99-100, 86) 

10. Assuming for purposes of summary judgment that Ms. Thompson could present evidence tending to show 

that Respondent's asserted reason for its personnel action was pretextxial, the evidence of record establishes that she could 
not show that Respondent's true reason for its action was intentional racial discrimination. See St. Mary's Honor Center 
v^ Hicks, 113 S. Ct. at 2749, 125 L. Ed. 2d at 418. Ms. Thompson testified, and reiterated at the motion hearing, that she 
could not claim that Ms. Comfort intentionally discriminated against her on the basis of her race in recommending that the 
Personnel Assistant V position be given to Ms. Stephenson. (Thompson Depo. at 122-23). In her deposition testimony and 
at the motion hearing. Ms. Thompson relied on her allegation that race must have been the reason for the non-promotion, 
since in her own opinion, unsupported by other evidence, she was more qualified than Ms. Stephenson for the position. 
(Thompson Depo. at 114-15). These unsupported opinions and conclusory deductions are not sufficient to impose liability 
on Respondent for a legitimate personnel decision based on the supervisor's reasoned professional judgment. See , e.g .. 
Williams v^ Cerberonics. Inc. . 871 F.2d 452, 456 (4th Cir. 1989) (a plaintiffs own assertions of discrimination in and of 
themselves are insufficient to counter substantial evidence of legitimate non-discriminatory reasons for an adverse 



10:17 NORTH CAROLINA REGISTER December 1, 1995 2274 



CONTESTED CASE DECISIONS 



employment action). 

11. The forecast of evidence shows that, as a matter of law. Petitioner cannot surmount her burden to prove 

by the preponderance of the evidence that Respondent's asserted legitimate non-discriminatory reason for choosing another 
applicant for the Personnel Assistant V position was a pretext for intentional racial discrimination. 

IT IS THEREFORE ORDERED that Respondent's Motion for Summary Judgment is GRANTED and the petition 
for a contested case hearing is dismissed. 

RECOMMENDATION 

TTie forecast of evidence shows that, as a matter of law, Petitioner cannot surmount her burden to prove by the 
preponderance of the evidence that Respondent's asserted legitimate non-discriminatory reason for choosing another applicant 
for the Personnel Assistant V position is a pretext for intentional racial discrimination. 

Therefore, Respondent is entitled to summary judgment on all claims. 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings, 
P.O. Drawer 27447, Raleigh, NC 27611-7447, in accordance with N.C. Gen. Stat. § 150B-36(b). 

This the 1st day of November, 1995. 



f 



Sammie Chess, Jr. 
Administrative Law Judge 



I 



I 



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NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF DURHAM 



E\ THE OFFICE OF 

ADMINISTRATrVE HEARINGS 

94 OSP 1718 



ROBERTA JONES 
Petitioner, 



UNIVERSITY OF NORTH CAROLINA- 
CHAPEL HILL, 

Respondent. 



RECOMMENDED FOR 
SUMMARY JUDGMENT 



The above-captioned matter was heard before Sammie Chess, Jr. , Administrative Law Judge, in a hearing on cross- 
motions for summary judgment held on March 15, 1995, in Raleigh, North Carolina. The undersigned directed the parties 
to prepare proposed recommended decisions for consideration. 

ISSUE 

1. Whether a State agency acted properly when it absolutely refused to allow reasonable attorneys' fees to a 

State employee who retained legal counsel for assistance in the prosecution of a grievance arising out of her discharge from 
her constitutionally protected employment, where she obtained reinstatement and back pay at the agency level. 



The undersigned makes the following: 



FINDINGS OF FACT 



1. Petitioner was discharged from her employment with UNC-CH (University of North Carolina at Chapel 
Hill), on or about May 12, 1994. 

2. Petitioner appealed her discharge through Step 3 of the University's internal grievance procedure. 

3. The UNC-CH Dispute Resolution and Staff Grievance Procedure (Grievance Procedure), which governs 
the UNC-CH employee grievance process, provides that, while the grievant and the supervisor may secure legal advice 
during a grievance, attorneys may not participate in or be present at any grievance meeting or hearing and may not legally 
represent either party. The Grievance Procedure also provides that the University will not provide legal representation for 
any party in the University's grievance procedure. 

4. Petitioner was not represented by legal counsel at any phase of the grievance process; however, she engaged 
the services of legal counsel to advise her regarding the discharge and how to conduct the grievance. 



hearing. 



The Grievance Procedure is not an adversarial judicial proceeding at any phase, including the Step 3 



6. Following the Step 3 grievance hearing, Petitioner was reinstated with back pay, in accordance with the 
recommendation of the University Staff Employee Grievance Committee (Grievance Committee) as accepted by UNC-CH 
Chancellor Paul Hardin. 

7. Petitioner then requested that UNC-CH reimburse her for legal fees she incurred when she retained the 
services of an attorney during the time she was grieving her discharge. UNC-CH denied Petitioner's request. 

8. N.C.G.S. 126-4(11) provides that the State Personnel Commission shall establish policies and rules 
governing "the assessment of reasonable attorneys' fees and witnesses' fees against the State agency involved," in cases 
where the Commission finds discrimination or orders reinstatement or back pay, whether heard by the Commission, appeal 
for limited review after settlement, or resolved at the agency level. 



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2276 



CONTESTED CASE DECISIONS 



9. 25 NCAC OIB .0414, enacted pursuant to the enabling statute, G.S. 126^(11), provides, in pertinent part, 

as follows: 

Attorney's fees may be awarded by the commission only in the following situations: 

(1) the grievant is reinstated to the same or similar position from either a demotion 
or a dismissal; 

(2) the grievant is awarded back pay from either a demotion or a dismissal, without 
regard to whether the grievant has been reinstated; 

Attorney's fees may be awarded when any of the above situations occur, whether within 
the agency internal grievance procedure or an appeal to the State Persoimel Commission. 

10. The Grievance Panel recommended three actions: 

(a) that Petitioner's "dismissal be revoked and expunged firom the record; that she be reinstated and given back 

pay; and that no disciplinary action be taken against her." 

(h) "steps be taken which will insure strong, positive supervisory support for Grievant. If the supervisor and 

management at the Office of Undergraduate Admissions are unable to provide such a work atmosphere, it is recommended 
that they, rather than Grievant, be assigned other duties." 

11. Respondent's wrongful discharge of Petitioner from her constitutionally protected employment was the 
reason Petitioner sought the assistance of counsel. 

12. It was not unreasonable, nor unexpected for Petitioner to seek the assistance of counsel when she was 
wrongfully dismissed from her constitutionally protected employment with the State of North Carolina. 

13. N.C.G.S. 126-41, consistent with 25 NCAC OIB .0414, recognizes that the Commission may assess or 
refuse to assess reasonable attorneys' fees as provided in N.C.G.S. 126-4(11), in its discretion, and that the Commission's 
decision is appealable under Article 4 of Chapter 150B of the General Statutes. 

On the basis of careful consideration of the briefs and arguments of counsel regarding the above-referenced issues 
of law, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. Respondent acted erroneously. 

2. Respondent acted arbitrarily or capriciously. 

3. Respondent failed to act as required by law or rule, pursuant to N.C.G.S. 126-4(11). 

4. Reasonable attorneys' fees are necessar} to make Petitioner "whole" where reinstatement was ordered with 
back pay, under N.C.G.S. 126-4(11). 

5. Respondent's refusal to even consider reasonable attorney's fees was arbitrary and capricious. 
Based on the foregoing Findings of Fact and Conclusions of Law, the undersigned makes the following: 

RECOMMENDATION 

That the State Persormel Commission find that the Respondent should have considered reasonable attorney's fees 
pursuant to N.C.G.S. 126-4(11), where an employee has been dismissed and seeks the advice of counsel and is ordered 
reinstated with back pay to her constitutionally protected employment. 



2277 NORTH CAROLINA REGISTER December 1, 1995 10:17 



CONTESTED CASE DECISIONS 



I 



) 



COMMENTS 

It is reasonable for an employer to assume that a wrongfully dismissed employee, from constitutionally protected 
employment, may seek the advice and direction of counsel at the Step 3 Grievance. Therefore, it would be unreasonable 
not to require the employer to make the employee whole by allowing reasonable attorney's fees, caused by the employer's 
wrongful conduct, upon reinstatement with back pay. 

Additionally, to argue that a supervisor and the grievant are treated equally in that "the agency will not provide 
legal representation for any party in the grievance procedure" is to say that the hen and the hog are treated equally as 
providers for a ham and egg breakfast; the hen is momentarily inconvenienced, the hog loses everything. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, 
P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a 
copy to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the State Personnel Commission. 

This the 31st day of October, 1995. 



Sammie Chess, Jr. 
Administrative Law Judge 



^ 



10:17 NORTH CAROLINA REGISTER December 1, 1995 2278 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF FORSYTH 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 EHR 0016 



f 



JOHN W. VANHOY, JR. & 
ADJACENT LAND OWNERS 
Petitioner, 



NORTH CAROLINA DEPT. OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 
Respondent, 

and 

SHUGART ENTERPRISES, INC. 
Intervenor-Respondent. 



RECOMMENDED DECISION 



This contested case was heard by Administrative Law Judge Meg Scott Phipps on August 21 and 22, 1995 in High 
Point, North Carolina. The parties submitted proposed recommended decisions on or before September 29, 1995. 



APPEARANCES 



For Petitioner: John D. Runkle 

PC Box 3793 
Chapel Hill, NC 27515 

For Respondent: Sueanna Sumpter 

Assistant Attorney General 
North Carolina Department of Justice 
11 N. Market Street, Suite 203 
Asheville, NC 28801 



t 



For Intervenor- 
Respondent: 



Timothy P. Sullivan 
Poyner & Spruill 
Attorneys at Law 
3600 Glenwood Avenue 
Raleigh, NC 27605-0096 



ISSUE 



Did the Respondent State agency, in issuing an NPDES wastewater discharge permit to the Intervenor, Shugart 
Enterprises, act erroneously, arbitrarily or capriciously, and failed to act as required by law or rule? 



WITNESSES 



FOR PETITIONER: 



John W. Vanhoy, Jr., Petitioner, downstream landowner and farmer. 
Grover Shugart, Shugart Enterprises, Intervenor-Respondent. 
Keith McMichael, adjacent homeowner. 
Rebecca Tuttle, resident on Belews Lake. 

Mike Mickey, Environmental Technician, North Carolina Division of Environmental Management (DEM), Winston- 
Salem Regional Office. 



I 



2279 



NORTH CAROLINA REGISTER 



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CONTESTED CASE DECISIONS 



John F. Phillips, P.E., consultant to Intervener, Shugart Enterprises. 
Carla Sanderson, Head, Rapid Assessment Group, DEM. 
Kenneth Vanhoy, Petitioner's son, geologist. 

Richard Farris, Environmental Health Specialist (septic systems), Forsyth County Health Department. 

K. Michael James, Environmental Health Specialist (water quality monitoring), Forsyth County Health Department. 

William S. Berryhill, Jr., Water Resource Management Consultant. 

Kerry Venable, downstream landowner and farmer. 

Steve Myers, downstream landowner and farmer. 

FOR RESPONDENT: 

Coleen Sullins, P.E., Supervisor, Permits and Engineering Unit, DEM. 

Carla Sanderson, Head, Rapid Assessment Group, DEM. 

Michael Wicker, Hearing Officer, Regional Water Quality Supervisor, DEM. 

FOR INTERVENOR-RESPONDENT: 

John F. Phillips, P.E., consultant to Intervenor-Respondent. 
Grover Shugart, Jr., Shugart Enterprises, Intervenor-Respondent. 

EXHIBITS 

JOINT EXHIBIT 1: Record of Decision (document tabs 1 through 19) 

FOR PETITIONER: 

Exhibit 1 Topographical map of area 

Exhibit 1 Topographical map of area (reduced format) 

Exhibit 2 Plat map of development 

Exhibit 3 Guidance for Evaluation of Wastewater Disposal Alternatives 

Exhibit 5 Berryhill resume 

Exhibit 6 Kenneth Vanhoy resume 

Exhibit 7 (Offer of Proof) Fecal coliform laboratory results, 2/92 - 5/95 

FOR INTERVENOR-RESPONDENT: 

Exhibit 1 Phillips resume 

■TUDICIAL NOTICE 

Judicial notice was taken of the North Carolina General Statutes Chapter 143 and administrative rules relating to 
the discharge of wastewater and subsurface sewage systems. 

MOTION IN LIMINE GRANTED 

On July 24, 1995, the undersigned Administrative Law Judge issued an Order Partially Granting Motion in Limine 
and concluded that as a matter of law that testimony regarding the non-compliance of other wastewater treatment plants not 
owned by Shugart Enterprises, Inc. and testimony regarding the lack of enforcement by the Respondent, DEM, of other 
wastewater treatment plants, although a serious matter, is not relevant to this proceeding. At the hearing, this Order was 
the basis for sustaining objections to testimony by Mr. James, Forsyth County Health Department. Petitioner made an offer 
of proof pursuant to G.S. lA-1, Rule 43(c), consisting of a portion of the testimony of Mr. James and Petitioner's Exhibit 
7 (Offer of Proof). 

FINDINGS OF FACT 

1. Petitioner, John W. ("BUI") Vanhoy, Jr., and his wife, Beulah, live in the community of Belews Creek in 



10:17 NORTH CAROLINA REGISTER December 1, 1995 2280 



CONTESTED CASE DECISIONS 



Forsyth County. 

2. On December 15, 1993, DEM received a permit application from Shugart Enterprises, Inc., for an NPDES 
permit for a discharge from a wastewater treatment facility of 60,000 gallons per day (gpd) into a small tributary to Belews 
Creek in northeastern Forsyth County which flows into Belews Lake. The proposed discharge is treated effluent from a 
residential subdivision of 140 residences on approximately 94 acres. The area is presently agricultural fields and woods. 

3. The small receiving stream is referred to as an unnamed tributary to Belews Creek or as the Middle Creek. 
At the point of the proposed discharge, the stream has a 7Q10 (low flow conditions of seven days in a ten year period) of 
0.1 cubic feet per second (cfs). The 60,000 gpd discharge would add .093 cfs to the stream flow. Witnesses testified that 
they could easily step across the Middle Creek at the discharge point. The propxjsed discharge would become approximately 
48% of the combined receiving stream. 

4. Both the DEM regional office and Technical Support Branch recommended denial of the permit in large 
part because available subsurface disposal and spray irrigation were environmentally feasible non-discharge options. Neither 
office reviewed the economic feasibility of the alternatives contained In the application or any other alternatives. The 
Respondent's Wasteload Allocation Summary states that the proposed treatment facility should be built above minimum 
standards "since area may have exhausted assimilative capacity (model portrays below 4.0 mg/1 DO's upstream on Belews 
Creek) and background DO's are not documented for this proposed discharge." The Summary further states that the 
parameters are "water quality limited." For some parameters, the load capacity of the stream will be consumed which will 
"affect future water quality based effluent limitations for additional dischargers ..." 15 NCAC 2B .0211(3)(b) requires 
the dissolved oxygen (DO) level to be not less than 5.0 mg/1 with a minimum instantaneous value of not less than 4.0 mg/1 
for a non-trout stream. 

5. After additional review, DEM publicized a notice of Intent to issue the permit. Because of public and 
legislative interest, a pubhc meeting was held on October 6, 1994, and Petitioner, among others, presented oral and written 
comments on the proposed permit. On October 28, 1994, the DEM hearing officer, Mr. Wicker, issued his report and 
recommended issuance of the permit with several conditions — the Installation of tertiary filters, an operational agreement, 
and residuals disposal. The permit was issued by DEM through its director, Preston Howard, on December 9, 1994. On 
January 5, 1995, Petitioner brought a Petition for Contested Case Hearing seeking administrative review of the issuance of 
the NPDES permit. 

6. Mr. Vanhoy, the Petitioner, has lived adjacent to Middle Creek for his entire married life and he and his 
wife have raised their children In their present home. His children and now his grandchildren play In the stream. He raises 
sheep and Christmas trees on his farm and uses the stream for stock watering and irrigation. He testified that aquatic life, 
such as small fishes, have returned to the stream since farmers in the area have changed their farming practices. Petitioner 
and his family are concerned that they wUl be substantially prejudiced by the construction and operation of the wastewater 
treatment plant from odors, noise, greatly increased density from the development and unsanitary conditions in the stream. 

7. Mrs. Tuttle and her family live on Belews Lake, which is four miles downstream from the proposed 
discharge. The lake is heavily used for recreation, such as boating, swimming, water skiing, and fishing, for research by 
Wake Forest University, and for cooling water by Duke Power Company. Based upon the substantial evidence presented 
by the Respondent, the proposed discharge will be completely assimilated prior to reaching Belews Lake, and therefore, the 
lake will not be affected by the discharge. 

8. Mr. McMichael recently built a house which will be located less than 1000 feet from the proposed 
wastewater treatment plant. He played In the stream as a child and has observed wildlife In and around the stream. Mr. 
Kenneth Vanhoy grew up along the stream and played in it as a child. He has observed wildlife in and around the stream. 

9. Mr. Venable is a downstream landowner who occasionally uses the stream to irrigate his tobacco crop 
during periods of drought. Mr. Myers is a downstream landowner who uses the stream for stock watering of his horses and 
cattle. Both have a considerable economic Interest in preserving the water quality in the stream. 

10. Middle Creek is a Class C stream and by rule, the water quality standards are established to protect the 

best usage of those waters, those being: 

aquatic hfe propagation and maintenance of biological Integrity (Including fishing, and 
2281 NORTH CAROLINA REGISTER December 1, 1995 10:17 



CONTESTED CASE DECISIONS 



fish), wildlife, secondaiy recreation, agriculture and any other usage except for primary 
recreation or a source of water supply of drinking, culinary or food processing purposes. 

15 NCAC 2B .0211. 

1 1 . The NPDES permit contains discharge limitations for the various pollutants associated with the effluent from 
a residential subdivision. These Umits were established from modeling conducted by the DEM Instream Assessment Unit. 
While the modeling showed that the operation of the wastewater treatment plant would not violate state standards for 
dissolved oxygen, staff for the Respondent did not investigate the actual downstream uses of the stream or determine if the 
discharge would adversely impact the actual uses. The modeling further assumes that the wastewater treatment plant will 
be operated in compliance with the limits, i.e., there will be no spills, accidents or defects, and that the limits will never 
be exceeded. As a result, the pollution discharge limitations in the permit also assume compliance in order to protect 
downstream uses of the water. 

12. Mr. Berryhill testified that proper maintenance is crucial in meeting the limits. The operation is labor- 
intensive and chances are high that there will be a failure due to operator error. He and Mr. James testified as to possible 
operational failures from lack of maintenance and equipment failures. Mr. Phillips testified as to the possible adverse 
environmental effects of a failure, such as high pollutant loads and fish kills. If the wastewater treatment plant is not 
operated or maintained properly, the resulting discharge will greatly curtail or eliminate downstream uses of the stream and 
Belews Lake, including agriculture, recreation, and habitat for wildlife and aquatic life. (It is interesting to note, that even 
in Intervenor-Respondent's Proposed Recommended Decision, finding of fact #18 states that the "plant was designed to 
enable it, if properly operated, to comply with the limits established in the permit at issue. " (emphasis added)) 

13. It is state policy that a direct discharge into a stream is the least preferred alternative. 15A NCAC 2H 
.0105(c)(2) requires 

a summary of waste treatment and disposal options that were considered and 
why the proposed system and point of discharge were selected; the summary 
should have sufficient detail to assure that the most envirormientally sound 
alternative was selected from the reasonably cost effective options, (emphasis 
added). 

14. To assist appUcants in finding non-discharge options, DEM prepared Guidance for Evaluation of 
Wastewater Disposal Alternatives (GEWDA; Petitioner's Exhibit 3). For subsurface disposal systems, the GEWDA 
requires a preliminary report from a soil scientist with a loading rate recommendation based on soil type, and a 
determination if adjacent land could be acquired through purchase or permanent easement. 

15. Mr. Shugart is the principal officer in Shugart Enterprises, the Intervenor-Respondent, which had 
been developing subdivisions for over twenty years in the Forsyth County area. He testified that these subdivisions 
were on city sewer systems or had individual septic systems. 

16. Mr. Shugart testified that he purchased the land for approximately $360,000 and that he expected 
to build 140 houses on the site. These houses are expected to be three bedroom houses. He expected to net a 
reasonable profit of $7,000 per house, with another $8,000 per house to pay for developing the land. 

17. In its application for the NPDES permit, Shugart Enterprises submitted cost analysis of the 
following alternatives: connection to public sewerage system (not available); central subsurface system 
($1,211,130); wastewater treatment plant ($721,130); spray irrigation system ($1,612,200). These figures include 
the cost of the project, the opportunity cost of the land, and the present worth of annual operation and maintenance. 
The opfxirtunity cost of the land was determined as the loss of $9,000 for each lot which could not be developed. 
Based on the comparisons of cost estimates, the developer selected the wastewater treatment plant. It is important 
to note that, when comparing the alternatives presented to the State agency, that the $300,000 cost of installing the 
sewer collection system was not included; therefore, adding this amount to the wastewater treatment plant cost 
brings that figure to $1,021,130. The cost consideration of individual septic systems was not even discussed. 

18. Mr. Kenneth Vanhoy testified on the economics of subsurface drip irrigation systems, several of 
which are currently in operation within North Carolina. His conclusion was that the drip irrigation system was 



10:17 NORTH CAROLINA REGISTER December 1, 1995 2282 



CONTESTED CASE DECISIONS 



between $37,430 and 87,430 less than a wastewater treatment plant. 

19. Mr. Shugart testified that he and his company had no experience with wastewater treatment plants. 
He further testified that he hired Mr. Phillip? to design a wastewater treatment plant, and not look at any other 
alternative. 

20. Shugart Enterprises did not present any information on single-family septic systems in its 
application. 

21. Mr. Shugart testified that neither he nor any of his staff contacted any of the surrounding land- 
owners to determine if their land was available for purchase or suitable for individual septic fields. 

22. Mr. Farris, Environmental Health Specialist with the Forsyth County Health Department, testified 
that if a developer wants to determine with certainty whether a site is suitable for septic systems, he or she needs 
to contact the County agency. Mr. Farris would come to the site, review the soil information provided by the 
developer, and then use a back hoe to locate suitable soil based on soil type and characterization. Mr. Farris 
testified that his agency had not been contacted by Mr. Shugart or his staff to determine if the land was suitable for 
septic fields. 

23. 15A NCAC 18A .1955 describes the design criteria for conventional sewage systems, including 
descriptions of soil groups, soil texture classes (USDA classification) and long-term acceptance rates, i.e., ability 
to handle the wastewater. Mr. Kenneth Vanhoy testified as to the need for this information to determine with any 
degree of certainty if the soil was suitable for a subsurface septic field. He concluded that the soil survey was 
inadequate. 

24. Mr. Phillips testified that the soil survey attached to the {lermit application had been conducted by 
a soil scientist, Mr. Beeson. Mr. PhUlips admitted that the survey did not include a description of soil types, texture 
classes or long-term acceptance rates. He testified that the acceptance rate he used, 2.5 gpd/ft2, was a conservative 
estimate and the actual rate could have been substantially higher, i.e., would allow more lots with individual septic 
fields. 

25. The State agency did not conduct a soils analysis or soil survey on the site. 

26. Through cross-examination, Mr. Phillips stated that at least 60 lots and as high as 80 lots would 
have suitable soils for conventional septic systems, and that low-pressure systems would be suitable and cost- 
effective for at least another 20 lots and as high as 30 lots. 

27. The cost per house of installing a conventional septic system is approximately $2,000 and the cost 
of a low-pressure system is $5,000. If Mr. Phillips low estimate of 80 lots were suitable for individual septic fields, 
the cost would be 60 lots at $2,000 for conventional systems, plus 20 lots at $5,000 for low-pressures systems, for 
a total of $220,000. TTie maintenance for a conventional system is $25 per year and for low-pressure systems, it 
is $400 per year. Using the same 20-year discount rate used by Mr. Phillips in presenting his alternatives, the total 
for operation and maintenance is $100,643. 

The oppKDrtunity cost for the 60 lots Mr. Shugart cannot build is $15,000 per lot (again using Mr. 
Phillips assumptions which include a profit of $9,000 per lot) for $900,000. The total for individual septic systems 
is $1,220,643, or even less when using the $7,000 profit per lot in Mr. Shugart's testimony. TTie total for 
individual systems is then $1,100,643. It should also be noted that Mr. Shugart testified that not all of his subdivi- 
sions netted any profit. 

The Intervenor-Respondent assumes throughout its cost analysis an average sales price per lot of 
$15,000. Logically, if the non-discharge alternatives dictate fewer lots, those lots will be larger and the sales price 
per lot will be higher. Thus, the calculations of loss would be incorrect. Comparable lot sell-out prices submitted 
by the Intervenor-Respondent in Joint Exhibit #1 show a range of $15,000-$19,000 per lot. Mr. Phillips contends 
that DEM procedure requires a costs analysis and not a profit analysis. However, a July 18, 1994 internal DEM 
memorandum discussing Petitioner's concerns states as responses the following: 1) Non-discharge alternatives 
"would reduce the number of available lots and reduce the profitability of the development;" and 2) referring to 
septic systems, "Again, this would reduce profitability." 

2283 NORTH CAROLINA REGISTER December 1, 1995 10:17 



CONTESTED CASE DECISIONS 



28. The cost of individual systems, $1,100,643, compares favorably with the cost of the wastewater 
treatment plant of $721,130 plus the $300,000 cost of installing sewer lines for a total of $1,021,130. Additional 
lots suitable for conventional, low-pressure or other individual septic systems would make individual septic systems 
an even more cost-effective option. 

29. Mr. Berryhill testified that there were several additional non-discharge options for single-family 
systems and recommended a mix of conventional, low-pressure and the other systems. This would increase the 
number of lots suitable for single-family systems and in the long run will be more reliable and cost-effective than 
a wastewater treatment plant. 

30. Mr. Wicker, the DEM hearing officer, concluded that if he had been shown that single-family 
septic systems were a cost-effective alternative, he would have recommended that the permit application be denied. 

CONCLUSIONS OF LAW 

1. The Office of Administrative Hearings has jurisdiction to hear this case pursuant to G.S. 143- 
215.1(e) and Chapter 150B-23. 

2. Petitioner is an aggrieved person who is directly and adversely affected by the proposed discharge 
and thus has standing to bring a petition for contested case hearing. 

3. Petitioner has the burden of proving that the Respondent, State agency, in issuing an NPDES 
permit to Shugart Enterprises, acted erroneously, failed to use proper procedure, acted arbitrarily or capriciously, 
and/or failed to act as required by law or rule. 

4. G.S. 143-215. 1(b)(2) requires that "[a]ll permit decisions shall require that the practicable waste 
treatment and disposal alternative with the least adverse impact on the environment be utilized. " This is the initial 
threshold which a permit applicant must cross. The permit applicant did not meet this initial requirement as 
evidenced by the Respondent's regional office and Technical Services Branch recommendations to deny the permit 
based upon available environmentally sound non-discharge alternatives. 

5. The law is not designed to prevent development. However, a wastewater discharge is not 
permitted merely because the developer wants to obtain a greater lot density, i.e., 140 lots as opposed to 81 lots 
more or less. This is reflected in 15A NCAC 2H .0105(c)(2) which requires the applicant to submit a detailed 
analysis "to assure that the most environmentally sound alternative was selected from the reasonably cost effective 
options." The GEWDA requires an analysis of alternatives as part of the permit application. In this instance, the 
State agency erred in not requiring a fiiU analysis of the alternatives in sufficient detail to assure making an informed 
selection of the best alternative. The permit was issued erroneously as there are several viable non-discharge 
alternatives readUy available which are cost-effective. The option of a mixture of conventional single-family septic 
fields and low-pressure systems is both environmentally sound and reasonably cost effective. 

6. The State's Antidegradation PoUcy at 15A NCAC 23 .0201(b) states that "[e]xisting uses ... and 
the water quality to protect such uses shall be protected by properly classifying surface waters and having standards 
sufficient to protect these uses." Existing uses are defined as "uses actually attained in the water body, in a 
significant and not incidental manner, on or after November 28, 1975, whether or not they are included in the water 
quality standards, which either have been actually available to the public or are uses deemed attainable by the 
Environmental Management Commission." 15 NCAC 2B .0202(25). This is continued in 2B .0203 in that "[w]ater 
quality based effluent limitations or management practices for direct or indirect discharges of water of for out 
sources of water pollution will be developed by the division such that the water quality standards and best usage 
of receiving waters and all downstream waters will not be impaired . " (emphasis added). 

7. The NPDES permit in question allows an excessive discharge into a small stream. G.S. 143- 
215.3(a)(8) authorizes the State agency to deny the issuance of a permit when the pollution "will result in a 
generalized condition of water . . . pollution within the area contraiy to the public interest, detrimental to the public 
health, safety, and welfare and contrary" to state policy. 

8. This is not a case about property values or the prevention of development; it is about allowing an 



10:17 NORTH CAROLINA REGISTER December 1, 1995 2284 



CONTESTED CASE DECISIONS 



unnecessary discharge of wastewater into a small creek in order that a tract of land can be developed at the highest 
density. It is also about preservation of a quality of life. This State's declaration of public policy on this issue is 
as follows: 

It is hereby declared to be the public policy of this State to provide for the 
conservation of its water . . . resources. Furthermore, it is the intent of the 
General Assembly to achieve and to maintain for the citizens of the State a total 
environment of supierior quality. [It is] the State's ultimate responsibility for the 
preservation and development of these resources in the best interest of all its 
citizens. . . . Standards of water , . . purity shall be designed to . . . insure the 
continued enjoyment of the natural attractions of the State, . . . and to secure 
for the people . . . , the beneficial uses of these great natural resources. 

G.S. 143-211. Therefore, the issuance of this permit violates public policy as well as G.S. 143-215. 1(b)(2) and 
215.3(a)(8). 

Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned makes the following: 

RECOMMENDED DECISION 

IT IS HEREBY RECOMMENDED that the Environmental Management Commission find that in issuing 
an NPDES permit to Shugart Enterprises, the State agency acted erroneously, and failed to act as required by law 
or rule. Therefore, NPDES permit No. NC0083933 was issued improperly and should be made void. 

ORDER 



I 



It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, PO Drawer 27447, Raleigh, NC 27611-7447, in accordance with North Carolina General Statute 150B- 
36(b). 

NOTICE 



i 



The agency making the final decision in this contested case is required to give each party an opportunity 
to file exceptions to this recommended decision and to present written arguments to those in the agency who will 
make the final decision. 

The agency is required by G.S. 150B-36(b) to ser%'e a copy of the final decision on all parties and to furnish 
a copy to the parties" attorney of record and to the Office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the Environmental Management 
Commission. 

This the 3rd day of November, 1995. 



Meg Scott Phipps 
Administrative Law Judge 



# 



2285 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF SCOTLAND 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 OSP 04II 



DEBRA R. EMBDEN 
Petitioner, 



NORTH CAROLINA DEPARTMENT OF 
MOTOR VEHICLES 
Respondent. 



RECOMMENDED DECISION 



FOR PETITIONER: 



FOR RESPONDENT: 



The appeal of Debra R. Embden, an employee of the North CarolLoa Department of Transportation, Division of 
Motor Vehicles, was heard by Fred G. Morrison Jr., Senior Administrative Law Judge, Office of Administrative Hearings, 
on September 5, 1995, in Raleigh, North Carolina. 

APPEARANCES 

Randolph C. Dow 
Attorney at Law 
P.O. Box 1373 
Southern Pines, NC 28388 

C. Norman Young 
Associate Attorney General 
N.C. Department of Justice 
P.O. Box 629 
Raleigh, NC 27602-0629 

ISSUES 

1. Whether Petitioner was denied a promotion by Respondent's failure to afford her priority consideration as a current 
state employee in violation of G.S. 126-7. 1(c). 

2. Whether Petitioner was the victim of pwlitical discrimination or arbitrary and capricious conduct in the denial of her 
request for a transfer to Laurinburg. 

STIPULATED FACTS 

1. Petitioner is a State employee and except for a voluntary break in service between 10/19/86 and 7/8/87 has been 
continuously employed as a driver's license examiner by the Department of Motor Vehicles since November 15, 1983. 

2. That on July 24, 1990, Petitioner requested a transfer to the Laurinburg office of DMV as a driver's license 
examiner. 

3. That on September 27, 1991, and October 4, 1991, Petitioner's supervisors S.E. Parker and Lt. L.B. Burleyson 
requested a transfer, on behalf of Debra Embden, to the Laurinburg office of DMV. 

4. That on December 1 , 1992, a driver's Ucense examiner by the name of Rufus Graham began work in the Laurinburg 
office of the DMV as a result of an involuntary transfer from the Fayetteville DMV office. 

5. On December 31, 1992, Petitioner filed a request for grievance hearing with Larry D. Billings, Director of 
Personnel, North Carolina Department of Transportation which was subsequently withdrawn. 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2286 



CONTESTED CASE DECISIONS 



6. On January 24, 1994, Petitioner filed a request and submitted an application concerning a request for a lateral 
transfer to the DMV office of Laurinburg. 

7. That on November 16, 1994, Petitioner submitted a resignation effective January 31, 1995. 

8. On Januaiy 5, 1995, Petitioner withdrew the resignation which was authorized or approved by the DMV sometime 
between January 5, 1995, and January 11, 1995, the date of Petitioner's letter of appreciation to Larry Daniel, Assistant 
Director of Driver's License Section, for having the resignation reversed. 

9. The applicable policy for a transfer request is found in the Driver's License Examiner's Manual (revised 1/94) which 
provides as follows: "effective December 19, 1993 personnel transfers will be considered only after an employee has worked 
at their assignment (1) full year. Requests will be valid for (1) year from the date of the request. Employees desiring to 
transfer will be required to update their requests by December 1st of each year. All requests will be forwarded to the 
Assistant Director of Certification." 

10. That on January 3, 1995, Respondent posted a vacancy notice for a driver's license examiner in the Laurinburg 
office which indicated that interested persons should submit an updated application between 1/3/95 and 1/11/95. 

11. That effective March 1, 1995, an individual by the name of Michelle Padgett, a non-state employee was hired in 
the Laurinburg position. 

12. The qualifications of Petitioner in January of 1995 were, at least substantially, equal to that of Michelle Padgett. 

13. There was no grievance procedure applicable to Petitioner in any document, book or other publication located in 
the Aberdeen office of the DMV, the place of employment of Petitioner. 

AD.IUDICATED FACTS 

14. Petitioner filed a Petition alleging political discrimination in the denial of her request for a transfer to Laurinburg. 
She had renewed this request in January of 1995 when the vacancy was announced. 

15. Petitioner was not interviewed or considered for the subject position, even though her sufjeriors knew of her interest. 
She was not one of the finalists considered even though her job performance had been exemplary. 

16. Michelle Padgett did not meet the minimum requirements for the position. She was hired due to her political 
connections as her father is a prominent Democrat. 

17. Petitioner testified that although she is a Republican, she is registered as a Democrat so that she can vote in city 
elections. This had no bearing in the matter. 

18. Obtaining the Laurinburg position would not have constituted a promotion for Petitioner since she is the Lead 
Examiner in Aberdeen. Being stationed in Laurinburg would be more convenient for Petitioner and save her travel time as 
well as costs. 

19. Petitioner also complained in her Petition that she was given no explanation as to why she was denied the Laurinburg 
position. Her repeated requests over the years generated only general responses from superiors that many factors were 
involved and would be considered. 

20. Respondent assigned Petitioner to work in the Laurinburg office for approximately six weeks in early (January- 
February) 1995 before the vacancy was filled on March 1, 1995. 

21. Respondent did not give fair and careful consideration to Petitioner's latest (1994 and 1995) requests for a transfer 
to her city of residence. 

22. Petitioner's superiors discouraged her from filing an internal grievance. TTie Assistant Director stated, "You can 
if you want, but it will not do any good. It is above your head and is above mine. I can't touch it. It was done by the 
book." Respondent waived this procedure. 



2287 NORTH CAROLINA REGISTER December I, 1995 10:17 



CONTESTED CASE DECISIONS 



Based on the foregoing Stipulated and Adjudicated Facts, the Administrative Law Judge makes the following: 

CONCLUSIONS 

1. Petitioner was not the victim of intentional political discrimination in violation of G.S. 126-36. 

2. Respondent did not violate G.S. 126-7. 1(c) as a promotional decision required by G.S. 126-36.2 was not involved, 
rather, a lateral transfer request. 

3. Respondent acted arbitrarily and capriciously in violation of G.S. 150B-23(a)(4) when it did not consider Petitioner 
for the Laurinburg pxjsition. A career State employee such as Petitioner is entitled to fair and careful consideration when 
requesting a transfer. 

Based on the foregoing Stipulated and Adjudicated Facts and Conclusions, the Administrative Law Judge makes the 
following: 

RECOMMENDED DECISION 

Petitioner be transferred to the next available position in Laurinburg. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the State Personnel Commission. 

This the 1st day of November, 1995. 



Fred G. Morrison Jr. 

Senior Administrative Law Judge 



10:17 NORTH CAROLINA REGISTER December 1, 1995 2288 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code fNCAC) has four major subdivisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCA C is the title. Each major departm£nt in 
the North Carolina executive branch of government has been assigned a title number. Titles are further 
broken down into chapters which shall be numerical in order. The other two, subchapters and sections 
are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agnculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


landscape Architects 


26 


16 


Public Education 


I ^ndscape Contractors 


28 


17 


Revenue 


Mantal and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensmg Boards 


Nursmg 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Persoimel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicmg 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbmg, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & I and Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Exammers 


62 






Social Work Certification 


63 






Speech & language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Vetermary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



2289 



NORTH CAROLINA REGISTER 



December I, 1995 



10:17 



CUMULATIVE INDEX 



^ 



A^eocy/Rule Citation 



Proposed in 
Register 



Proposed 

EfTectiTe 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Otiher Information 



ACUPUNCTURE LICENSING BOARD 



) 



21 NCAC 01 .0101 




10:02 NCR 150 


07/01/95 


.0201 




10:07 NCR 585 


10/01/95 


.0401 - 


.0402 


10:02 NCR 150 


07/01/95 


.0501 




10:07 NCR 585 


10/01/95 


.0701 




10:07 NCR 585 


10/01/95 


.0702- 


.0704 


10:16 NCR 2027 


02/01/96 


.0705 




10:17 NCR 2228 




.0706 - 


.0707 


10:16 NCR 2027 


02/01/96 


.0709 




10:17 NCR ???8 




.0710 - 


.0711 


10:16 NCR 2027 


02/01/96 


ADMINISTRATION 








1 NCAC 05 A .0001 - 


.0002 


10:16 NCR 1651 


02/01/96 


.0004 




10:16 NCR 1651 


02/01/96 


.0009- 


.0010 


10:16 NCR 1651 


02/01/96 


.0012 




10:16 NCR 1651 


02/01/96 


05B .0101 - 


.0103 


10:16 NCR 1651 


02/01/96 


.0201 




10:16 NCR 1651 


02/01/96 


.0203 - 


.0204 


10:16 NCR 1651 


02/01/96 


.0206 - 


.0210 


10:16 NCR 1651 


02/01/96 


.0301 - 


.0314 


10:16 NCR 1651 


02/01/96 


.0401 - 


.0404 


10:16 NCR 1651 


02/01/96 


.0501 - 


.0503 


10:16 NCR 1651 


02/01/96 


.0601 - 


.0602 


10:16 NCR 1651 


02/01/96 


.0701 - 


.0702 


10:16 NCR 1651 


02/01/96 


.0801 - 


.0808 


10:16 NCR 1651 


02/01/96 


.0810 




10:16 NCR 1651 


02/01/96 


.0901 - 


.0902 


10:16 NCR 1651 


02/01/96 


.0904- 


.0906 


10:16 NCR 1651 


02/01/96 


.1001 - 


.1003 


10:16 NCR 1651 


02/01/96 


.1101 




10:16 NCR 1651 


02/01/96 


.1103 - 


.1104 


10:16 NCR 1651 


02/01/96 


.1106 




10:16 NCR 1651 


02/01/96 


.1108 




10:16 NCR 1651 


02/01/96 


.1201 - 


.1202 


10:16 NCR 1651 


02/01/96 


.1301 - 


.1302 


10:16 NCR 1651 


02/01/96 


.1401 - 


.1403 


10:16 NCR 1651 


02/01/96 


.1501 - 


.1513 


10:16 NCR 1651 


02/01/96 


.1516- 


.1521 


10:16 NCR 1651 


02/01/96 


.1601 - 


.1603 


10:16 NCR 1651 


02/01/96 


.1701 - 


.1703 


10:16 NCR 1651 


02/01/96 


.1801 - 


.1804 


10:16 NCR 1651 


02/01/96 


.1901 




10:16 NCR 1651 


02/01/96 


.1903 




10:16 NCR 1651 


02/01/96 


.1906- 


.1907 


10:16 NCR 1651 


02/01/96 


.1909 




10:16 NCR 1651 


02/01/96 


05C .0601 - 


.0602 


10:16 NCR 1651 


02/01/96 


.0701 - 


.0704 


10:16 NCR 1651 


02/01/96 


.0708 




10:16 NCR 1651 


02/01/96 


.0711 




10:16 NCR 1651 


02/01/96 


.0717 - 


.0718 


10:16 NCR 1651 


02/01/96 


.0720 




10:16 NCR 1651 


02/01/96 


.0722 




10:16 NCR 1651 


02/01/96 


.0803 - 


.0804 


10:16 NCR 1651 


02/01/96 


.0903 




10:16 NCR 1651 


02/01/96 


.1008 - 


.1009 


10:16 NCR 1651 


02/01/96 


05D .0101 - 


.0102 


10:16 NCR 1651 


02/01/96 


.0201 - 


.0206 


10:16 NCR 1651 


02/01/96 


.0208 - 


.0210 


10:16 NCR 1651 


02/01/96 


.0301 - 


.0303 


10:16 NCR 1651 


02/01/96 


.0401 - 


.0403 


10:16 NCR 1651 


02/01/96 



08/01/95 
08/01/95 



Rule-Making Proceeding 
Rule-Making Proceeding 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2290 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



I 



39 



.0501 
.0101 
.0201 



.0509 



ADMINISTRATIVE HEARINGS 

26 NCAC 02A .0101 - .0102 





.0201 - 


.0212 




.0301 






.0303 






.0401 - 


.0406 




.0501 - 


.0507 


02B 


.0101 






.0103 - 


.0104 




.0201 - 


.0204 




.0301 - 


.0304 




.0401 




02C 


.0101 - 


.0109 




.0201 - 


.0206 




.0301 - 


.0305 




.0401 - 


.0409 




.0501 - 


.0503 


AGRICULTURE 






2 NCAC 09L 


.1806 




34 


.0904 
.0904 




48A 


.1702 




48C 


.0029 




52B 


.0207 
.0212 
.0302 




52C 


.0105 





ARCHITECTURE 

21 NCAC 02 .0208 

02 .0301 - .0302 

AUCTIONEERS 

21 NCAC 04B .0103 

.0201 - .0202 

.0403 

.0505 

.0601 - .0602 

BARBER EXAMINERS 

21 NCAC 06H .0002 
06J .0002 
06K .0003 



21 NCAC 



08A 


.0301 


08F 


.0103 




.0105 




.0113 


08G 


.0401 




.0404 




.0409 


081 


.0004 


08J 


.0001 




.0005 




.0006 




.0008 


08M 


.0102 



10:16 NCR 1651 


02/01/96 


10:16 NCR 1672 


02/01/96 


10:16 NCR 1672 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 1674 


03/01/96 


10:04 NCR 228 


08/01/95 


10:07 NCR 430 


11/01/95 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:12 NCR 985 


12/01/95 


10:10 NCR 829 


07/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


T EXAMINERS 




10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:04 NCR 255 


08/01/95 


10:04 NCR 255 


08/01/95 


10:04 NCR 255 


08/01/95 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:04 NCR 255 


08/01/95 


10:16 NCR 2033 


02/01/96 


10:04 NCR 255 


08/01/95 


10:04 NCR 255 


08/01/95 



N/A Renoticed in 10:7 

11/01/95 



i 



08/01/95 
08/01/95 
08/01/95 



08/01/95 



i 



08/01/95 

N/A RRC Obj./Rule Withdrawn 



2291 



NORTH CAROLINA REGISTER 



December I, 1995 10:17 



CUMULATIVE INDEX 



^ 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


HscaJ Note 


Effective 
Date 


Other Information 


State 


Local 



^ 



> 





.0102 - 


.0103 


10:16 NCR 2033 


02/01/96 




.0104 




10:04 NCR 255 


08/01/95 




.0206- 


.0207 


10:16 NCR 2033 


02/01/96 




.0304 




10:16 NCR 2033 


02/01/96 




.0306 




10:04 NCR 255 


08/01/95 




.0401 




10:04 NCR 255 


08/01/95 




.0401 - 


.0402 


10:16 NCR 2033 


02/01/96 


08N 


.0203 




10:04 NCR 255 


08/01/95 




.0302 




10:04 NCR 255 


08/01/95 




.0306 




10:16 NCR 2033 


02/01/96 




.0307 




10:04 NCR 255 


08/01/95 


CHIROPRACTIC EXAMINERS 






21 NCAC 10 


.0203 




10:04 NCR 261 


08/01/95 


COMMERCE 










4 NCAC 02R 


.0303 




10:16 NCR 1675 


06/01/96 




.0305 




10:16 NCR 1675 


06/01/96 




.1708 




10:16 NCR 1675 


06/01/96 




.1710 




10:16 NCR 1675 


06/01/96 




.1801 - 


.1802 


10:16 NCR 1675 


06/01/96 


02S 


.0102- 


.0103 


10:16 NCR 1675 


06/01/96 




.0105 - 


.0106 


10:16 NCR 1675 


06/01/96 




.0109 




10:16 NCR 1675 


06/01/96 




.0209 




10:16 NCR 1675 


06/01/96 




.0228 




10:16 NCR 1675 


06/01/96 




.0234 - 


.0235 


10:16 NCR 1675 


06/01/96 




.0402 - 


.0404 


10:16 NCR 1675 


06/01/96 




.0511 - 


.0513 


10:16 NCR 1675 


06/01/96 




.0516 




10:16 NCR 1675 


06/01/96 




.0519 




10:16 NCR 1675 


06/01/96 




.0525 




10:16 NCR 1675 


06/01/96 




.0614 




10:16 NCR 1675 


06/01/96 




.0708 




10:16 NCR 1675 


06/01/96 




.0901 - 


.0904 


10:16 NCR 1675 


06/01/96 




.1005 




10:16 NCR 1675 


06/01/96 




.1008 




10:16 NCR 1675 


06/01/96 




.1011 




10:16 NCR 1675 


06/01/96 




.1021 




10:16 NCR 1675 


06/01/96 


02T 


.0101 - 


.0102 


10:16 NCR 1675 


06/01/96 




.0201 - 


.0202 


10:16 NCR 1675 


06/01/96 




.0206 




10:16 NCR 1675 


06/01/96 




.0301 - 


.0305 


10:16 NCR 1675 


06/01/96 




.0308 - 


.0309 


10:16 NCR 1675 


06/01/96 




.0409- 


.0411 


10:16 NCR 1675 


06/01/96 




.0502 




10:16 NCR 1675 


06/01/96 




.0601 - 


.0602 


10:16 NCR 1675 


06/01/96 




.0604 




10:16 NCR 1675 


06/01/96 




.0606 




10:16 NCR 1675 


06/01/96 




.0707 - 


.0709 


10:16 NCR 1675 


06/01/96 




.0711 




10:16 NCR 1675 


06/01/96 




.1104- 


.1108 


10:16 NCR 1675 


06/01/96 


06C 


.0203 




10:05 NCR 300 


09/01/95 


10 






10:15 NCR 1428 




19L 


.0401 




10:16 NCR 1698 


02/01/96 




.0403 




10:16 NCR 1698 


02/01/96 




.0407 




10:16 NCR 1698 


02/01/96 




.0501 - 


.0502 


10:16 NCR 1698 


02/01/96 




.0505 




10:16 NCR 1698 


02/01/96 




.0802 




10:16 NCR 1698 


02/01/96 




.0805 




10:16 NCR 1698 


02/01/96 




.0901 




10:16 NCR 1698 


02/01/96 




.0906- 


.0907 


10:16 NCR 1698 


02/01/96 



08/01/95 



08/01/95 
08/01/95 

08/01/95 
08/01/95 

08/01/95 



08/01/95 



Public Notice 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2292 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



I 





0911 




10 


16 NCR 1698 




1002 




10 


16 NCR 1698 




1004 




10 


16 NCR 1698 




1009 




10 


16 NCR 1698 




1301 - 


.1303 


10 


16 NCR 1698 




1701 - 


.1703 


10 


16 NCR 1698 




1801 - 


.1803 


10 


16 NCR 1698 


COMMUNITY COLLEGES 




23 NCAC 02C .0108 




10:03 NCR 208 


.0210 




10:07 NCR 587 


.0211 




10:03 NCR 208 


.0301 




10:07 NCR 587 


.0306 




10:03 NCR 208 


02E .0403 




10:07 NCR 587 


CORRECTION 






5 NCAC 05 .0001 




10:01 NCR 12 


COSMETIC ART EXAMINERS 




21 NCAC 14B .0604 




10 


12 NCR 985 


14J .0502 




10 


14 NCR 1380 


14L .0301 - 


.0302 


10 


14 NCR 1380 


14N .0106- 


.0108 


10 


14 NCR 1380 


.0112 




10 


14 NCR 1380 


CULTURAL RESOURCES 




7 NCAC 02F .0002 




10:01 NCR 12 


DIETETICS/NUTRITION 




21 NCAC 17 .0101 - 


.0102 


10:16 NCR 2046 


.0104 




10:16 NCR 2046 


.0107 




10:16 NCR 2046 


.0113 - 


.0114 


10:16 NCR 2046 


.0301 - 


.0304 


10:16 NCR 2046 


.0401 - 


.0402 


10:16 NCR 2046 


DENTAL EXAMINERS 






21 NCAC 16 




10:16 NCR 2043 


21 NCAC 16H .0104 




10:16 NCR 2043 


.0202 - 


.0203 


10:16 NCR 2043 


16T .0001 - 


.0002 


10:16 NCR 2043 


16U .0101 - 


.0102 


10:16 NCR 2043 


.0201 - 


.0204 


10:16 NCR 2043 


ELECTRICAL CONTRACTORS 




21 NCAC 18B .0103 




10:15 NCR 1579 


.0207 




10:15 NCR 1579 


.0303 




10:15 NCR 1579 


.0402 




10:15 NCR 1579 


.0601 




10:15 NCR 1579 


.0902- 


.0903 


10:15 NCR 1579 


,0905 




10:15 NCR 1579 


ELECTROLYSIS EXAMINERS 




21 NCAC 19 .0104 




10:11 NCR 907 


.0204 




10:11 NCR 907 




0616 




10 


11 NCR 907 



02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 



09/01/95 
01/01/96 
09/01/95 
01/01/96 
09/01/95 
01/01/96 



07/01/95 



12/01/95 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



07/01/95 



02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 



05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 



02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 



12/01/95 
12/01/95 
12/01/95 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

15A NCAC OIC .0101 10:16 NCR 1828 02/01/96 

.0503 - .0504 10:16 NCR 1828 02/01/96 



12/01/95 
12/01/95 
12/01/95 

07/01/95 



08/01/95 



i 



Notice on Subject Matter 



i 



2293 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CUMULATIVE INDEX 



^ 



A^tatcyfRvle Chatioii 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



02B 



02C 
02D 



> 



> 



02H 



.0101 

.0104 

.0202 

.0211 

.0216 

.0224- 

.0301 

.0303 

.0304 

.0304 

.0304 

.0304 

.0308 - 

.0308 

.0313 

.0315 - 

.0315 

.0315 

.0316 

.0201 - 

.0101 

.0501 

.0516 

.0518 - 

.0520 

.0520 

.0521 

.0524 - 

.0531 

.0531 

.0533 

.0535 

.0537 

.0539 

.0601 

.0604 

.0608 

.0804 - 

.0901 

.0902 

.0902 

.0909 

.0917 - 

.0926- 

.0929 

.0934 - 

.0937 

.0951 

.0952 

.0953 - 

.1109- 

.1202 

.1204 - 

.1301 - 

.1304 

.1402 

.1406 

.1409 

.1701 - 

.1801 - 

.1901 - 

.0219 

.0610 



.0225 



.0310 



.0316 



,0216 



,0519 



.0525 



.0805 



,0924 
,0928 

.0935 



.0954 

,1111 

,1206 
,1302 



1702 
1803 
1906 



10:01 NCR 


13 


10:01 NCR 


13 


10:01 NCR 


13 


10:01 NCR 


13 


10:16 NCR 1838 


10:16 NCR 1838 


10:01 NCR 


13 


10:08 NCR 


661 


10:04 NCR 


246 


10:05 NCR 


301 


10:15 NCR 1515 


10:16 NCR 1846 


10:08 NCR 


661 


10:08 NCR 


661 


10:11 NCR 


901 


10:08 NCR 


661 


10:08 NCR 


661 


10:16 NCR 1835 


10:04 NCR 


246 


10:16 NCR 1848 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:01 NCR 


13 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:01 NCR 


13 


10:15 NCR 1515 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:15 NCR 1515 


10:15 NCR 1515 


10:01 NCR 


13 


10:16 NCR 1867 


10:01 NCR 


13 


10:15 NCR 1515 


10:15 NCR 1515 


10:16 NCR 


1867 


10:15 NCR 1515 


10:15 NCR 1515 


10:15 NCR 1515 


10:01 NCR 


13 


10:15 NCR 1515 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:15 NCR 1515 


10:15 NCR 1515 


10:01 NCR 


13 


10:01 NCR 


13 


10:01 NCR 


13 


10:01 NCR 


13 


10:01 NCR 


13 


10:16 NCR 


1867 


10:14 NCR 1325 


10:16 NCR 1867 



02/01/96 
02/01/96 

11/01/95 
01/01/96 
11/01/95 
04/01/96 
05/01/96 
11/01/95 
02/01/96 
02/01/96 
11/01/95 
02/01/96 
05/01/96 
01/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
07/01/95 
05/01/96 
05/01/96 
05/01/96 
07/01/95 
04/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
04/01/96 
04/01/96 
07/01/95 
05/01/96 
07/01/95 
04/01/96 
04/01/96 
05/01/96 
04/01/96 
04/01/96 
04/01/96 
07/01/95 
04/01/96 
05/01/96 
05/01/96 
05/01/96 
04/01/96 
04/01/96 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
05/01/96 
05/01/96 
05/01/96 



Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 



Correction to Notice 



11/01/95 



07/01/95 



07/01/95 
07/01/95 



07/01/95 



07/01/95 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2294 



CUMULATIVE INDEX 



Agency/Rule Citatioii 



Proposed in 
Register 



Proposed 

EffectiTC 

Date 



Fiscal Note 



State Vocal 



EffeetiTe 
Date 



Other Informatioii 



f 



02Q 


.0102 


10:16 NCR 1867 


05/01/96 






.0103 


10:16 NCR 1867 


05/01/96 X 


X 




.0109 


10:16 NCR 1867 


05/01/96 






.0201 - .0204 


10:16 NCR 1867 


05/01/96 






.0207 


10:16 NCR 1867 


05/01/96 






.0302 


10:16 NCR 1867 


05/01/96 






.0311 


10:16 NCR 1867 


05/01/96 






.0401 - .0418 


10:15 NCR 1515 


04/01/96 






.0501 - .0503 


10:16 NCR 1867 


05/01/96 






.0507 - .0508 


10:16 NCR 1867 


05/01/96 






.0526 


10:16 NCR 1867 


05/01/96 




03 




10:15 NCR 1515 


03/01/96 




031 


.0001 


10:14 NCR 1336 


03/01/96 






.0005 


10:14 NCR 1336 


03/01/96 






.0018 


10:14 NCR 1336 


03/01/96 




03J 


.0103 - .0104 


10:14 NCR 1336 


03/01/96 






.0107 


10:14 NCR 1336 


03/01/96 X 






.0202 


10:14 NCR 1336 


03/01/96 






.0301 


10:14 NCR 1336 


03/01/96 






.0401 


10:14 NCR 1336 


03/01/96 






.0402 


10:14 NCR 1336 


03/01/96 






.0403 


10:15 NCR 1515 


03/01/96 




03K 


.0104 - .0105 


10:14 NCR 1336 


03/01/96 






.0201 -.0202 


10:14 NCR 1336 


03/01/96 




03 L 


.0301 - .0302 


10:14 NCR 1336 


03/01/96 




03M 


.0202 


10:14 NCR 1336 


03/01/96 






.0204 


10:14 NCR 1336 


03/01/96 






.0301 


10:14 NCR 1336 


03/01/96 






.0501 


10:14 NCR 1336 


03/01/96 






.0503 - .0504 


10:14 NCR 1336 


03/01/96 






.0506 - .0507 


10:14 NCR 1336 


03/01/96 






.0510- .0511 


10:14 NCR 1336 


03/01/96 






.0512 


10:14 NCR 1336 


03/01/96 




03 R 


.0003 - .0005 


10:14 NCR 1336 


03/01/96 






.0007 


10:14 NCR 1336 


03/01/96 






.0011 


10:14 NCR 1336 


03/01/96 




NPDES Permit 




10:02 NCR 56 






04A 


.0001 


10:07 NCR 579 


10/01/95 


10/01/95 




.0005 


10:07 NCR 579 


10/01/95 


10/01/95 


04B 


.0016 


10:07 NCR 579 


10/01/95 


10/01/95 




.0020 


10:07 NCR 579 


10/01/95 


10/01/95 




.0028 


10:02 NCR 149 


07/01/95 


08/01/95 




.0029 - .0030 


10:07 NCR 579 


10/01/95 


10/01/95 


04C 


.0007 - .0008 


10:07 NCR 579 


10/01/95 


10/01/95 




.0010 


10:07 NCR 579 


10/01/95 


10/01/95 


04D 


.0002 -.0003 


10:07 NCR 579 


10/01/95 


10/01/95 


07B 


.0101 


10:09 NCR 751 


12/01/95 X 


X 




.0201 - .0216 


10:09 NCR 751 


12/01/95 X 


X 




.0401 - .0406 


10:09 NCR 751 


12/01/95 X 


X 




.0501 - .0507 


10:09 NCR 751 


12/01/95 X 


X 


07H 


.0106 


10:16 NCR 1921 


04/01/96 






.0208 


10:03 NCR 197 


12/01/95 






.0208 


10:15 NCR 1552 


03/01/96 






.0305 


10:15 NCR 1552 


03/01/96 






.0308 


10:09 NCR 751 


12/01/95 






.0308 


10:15 NCR 1921 


03/01/96 






.0309- .0310 


10:09 NCR 751 


02/01/96 






.1705 


10:09 NCR 751 


12/01/95 






.2201 - .2202 


10:03 NCR 204 


12/01/95 






.2203 


10:03 NCR 204 


12/01/95 X 






.2204 - .2205 


10:03 NCR 204 


12/01/95 






.2301 - .2305 


10:15 NCR 1552 


03/01/96 




07K 


.0103 


10:09 NCR 751 


12/01/95 





Notice on Subject Matter 



i 



Notice on Subject Matter 



I 



2295 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CUMULATIVE INDEX 



} 





Ag^ocy/Rule Citalioii 


Proposed in 


Proposed 
Effective 


Fiscal Note 


Effective 


Other Informatioii 




Register 


Date 


State 


Local 


Date 


07L 




10:16 NCR 1921 


04/01/96 




Notice of Subject Matter 


07M 


.0300 


10:16 NCR 1921 


04/01/96 




Notice of Subject Matter 




.0400 


10:16 NCR 1921 


02/01/97 




Notice of Subject Matter 


lOB 


.0115 


10:06 NCR 338 


10/01/95 


11/01/95 






.0115- .0116 


10:16 NCR 1922 


07/01/96 








.0201 - .0203 


10:16 NCR 1923 


07/01/96 








.0202 - .0203 


10:01 NCR 26 


07/01/95 


07/01/95 






.0202 


10:04 NCR 249 


08/01/95 


09/01/95 






.0208 - .0209 


10:16 NCR 1923 


07/01/96 








.0214 


10:01 NCR 26 


07/01/95 


07/01/95 






.0214 


10:16 NCR 1923 


07/01/96 








.0220 


10:16 NCR 1923 


07/01/96 








.0302 - .0303 


10:16 NCR 1923 


07/01/96 






IOC 


.0205 


10:16 NCR 1923 


07/01/96 








.0301 - .0302 


10:16 NCR 1923 


07/01/96 








.0305 


10:16 NCR 1923 


07/01/96 








.0401 


10:16 NCR 1923 


07/01/96 








.0404 


10:06 NCR 338 


12/01/95 


12/01/95 






.0404 


10:16 NCR 1923 


07/01/96 








.0407 


10:06 NCR 338 


12/01/95 


12/01/95 






.0407 


10:16 NCR 1923 


07/01/96 






lOD 


.0002 - .0003 


10:01 NCR 26 


07/01/95 


07/01/95 






.0002 - .0004 


10:16 NCR 1923 


07/01/96 








.0003 


10:04 NCR 250 


08/01/95 


09/01/95 






.0003 


10:06 NCR 338 


09/01/95 






lOF 


.0313 


10:06 NCR 338 


10/01/95 


10/01/95 






.0317 


10:01 NCR 26 


07/01/95 


07/01/95 






.0323 - .0324 


10:11 NCR 904 


12/01/95 








.0339 


10:13 NCR 1159 


02/01/96 








.0339 


10:15 NCR 1565 


02/01/96 








.0360 


10:13 NCR 1159 


02/01/96 






lOK 


.0003 


10:13 NCR 1159 


02/01/96 






Wildlife Proclamation/Striped Bass 


10:02 NCR 57 


04/10/95 










10:03 NCR 195 


04/15/95 






11 


.0349 


10:16 NCR 1958 


05/01/96 






13A 


.0006 


10:13 NCR 1160 


01/01/96 








.0019 


10:13 NCR 1160 


01/01/96 






13B 


.0101 


10:06 NCR 350 


10/01/95 


10/01/95 






.0103 


10:06 NCR 350 


10/01/95 


10/01/95 






.0503 


10:06 NCR 350 


10/01/95 


10/01/95 






.0802 - 0829 


10:06 NCR 350 


10/01/95 


10/01/95 






.0901 - .0905 


10:16 NCR 1959 


04/01/96 








.1401 - .1409 


10:16 NCR 1959 


04/01/96 








.1627 


10:06 NCR 350 


10/01/95 


N/A 


Agency Did Not Adopt 


16A 


.1001 


10:07 NCR 582 


01/01/96 


X 






.1002- .1006 


10:07 NCR 582 


01/01/96 






18A 


.1720 


10:16 NCR 1977 


04/01/96 








.1722- .1723 


10:16 NCR 1977 


04/01/96 








.1725 - .1727 


10:16 NCR 1977 


04/01/96 








.1801 - .1814 


10:13 NCR 1160 


01/01/96 








.1818 


10:13 NCR 1160 


01/01/96 








.2508 


10:06 NCR 350 


01/01/96 


01/01/96 






.2509 


10:06 NCR 350 


01/01/96 




RRC Obj/Rule Withdrawn 




.2510- .2511 


10:06 NCR 350 


01/01/96 


01/01/96 






.2516- .2519 


10:06 NCR 350 


01/01/96 


01/01/96 






.2521 - .2524 


10:06 NCR 350 


01/01/96 


01/01/96 






.2526 


10:06 NCR 350 


01/01/96 


01/01/96 






.2528 - .2535 


10:06 NCR 350 


01/01/96 


01/01/96 






.2537 


10:06 NCR 350 


01/01/96 


01/01/96 






.2540 - .2542 


10:06 NCR 350 


01/01/96 


01/01/96 






.2543 


10:06 NCR 350 


01/01/96 


N/A 


Agency Did Not Adopt 




.2601 - .2602 


10:13 NCR 1160 


01/01/96 








.2618 


10:13 NCR 1160 


01/01/96 







10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2296 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

EffectiTe 

Date 


Fiscal Note 


Effectiye 




State 


Local 


Date 







.2624 




10:13 NCR 1160 


01/01/96 




.2632 




10:13 NCR 1160 


01/01/96 




.2635 - 


.2636 


10:13 NCR 1160 


01/01/96 




.2702 




10:16 NCR 1977 


04/01/96 




.3101 - 


.3106 


10:16 NCR 1977 


04/01/96 


19A 


.0401 




10:06 NCR 350 


10/01/95 




.0406 




10:06 NCR 350 


10/01/95 




.0502 




10:06 NCR 350 


10/01/95 


19C 


.0206 




10:05 NCR 305 


10/01/95 




.0601 - 


.0603 


10:16 NCR 1977 


04/01/96 




.0605 - 


.0609 


10:16 NCR 1977 


04/01/96 




.0611 




10:16 NCR 1977 


04/01/96 


19H 


.0702 




10:07 NCR 582 


10/01/95 


20D 


.0233 - 


.0234 


10:13 NCR 1160 


01/01/96 




.0236 




10:13 NCR 1160 


01/01/96 




.0241 - 


.0243 


10:13 NCR 1160 


01/01/96 




.0247- 


.0252 


10:13 NCR 1160 


01/01/96 


21F 


.0801 - 


.0802 


10:13 NCR 1160 


01/01/96 




.0804 




10:13 NCR 1160 


01/01/96 




.1101 - 


.1103 


10:13 NCR 1160 


01/01/96 




.1105 




10:13 NCR 1160 


01/01/96 


24A 


.0102 




10:13 NCR 1160 


01/01/96 




.0202 - 


.0204 


10:13 NCR 1160 


01/01/96 




.0301 




10:13 NCR 1160 


01/01/95 




.0404 




10:06 NCR 350 


10/01/95 


25 


.0213 




10:16 NCR 1996 


04/01/96 


FINAL DECISION LETTERS 






Voting Rights Act 






10:01 NCR 02 
10:03 NCR 194 
10:05 NCR 298 
10:10 NCR 825 
10:11 NCR 889 
10:13 NCR 1084 
10:15 NCR 1429 
10:17 NCR 2227 





10/01/95 
10/01/95 
10/01/95 



N/A 



10/01/95 



Withdrawn by Agency 



GENERAL CONTRACTORS LICENSING BOARD 

21 NCAC 12 .0302 10:11 NCR 906 12/01/95 

.0410 10:11 NCR 906 12/01/95 



GENERAL STATUTES 

Chapter 150B 



10:13 NCR 1062 



GOVERNOR'S EXECUTIVE ORDERS 

Number 72 10:01 NCR 01 

Number 73 10:02 NCR 54 

Number 74 10:02 NCR 54 

Number 75 10:03 NCR 191 

Number 76 10:03 NCR 191 

Number 77 10:05 NCR 297 

Number 78 10:06 NCR 336 

Number 79 10:07 NCR 427 

Number 80 10:07 NCR 427 

Number 81 10:08 NCR 639 

Number 82 10:10 NCR 823 

Number 83 10:10 NCR 823 

Number 84 10:12 NCR 981 

Number 85 10:13 NCR 1061 

Number 86 10:13 NCR 1061 

Number 87 10:17 NCR 2222 

Number 88 10:17 NCR 2222 

Number 89 10:17 NCR 2222 



03/06/95 
03/15/95 
03/27/95 
03/30/95 
04/03/95 
05/02/95 
05/23/95 
06/07/95 
06/13/95 
06/27/95 
07/27/95 
08/03/95 
08/24/95 
09/12/95 
09/12/95 
10/27/95 
10/27/95 
10/31/95 



2297 



NORTH CAROLINA REGISTER 



December I, 1995 10:17 



CUMULATIVE INDEX 



^ 



Ageocy/Rule Chatioa 



Proposed ia 
Register 



Proposed 

Effectire 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other hiformatioii 



HEARING AID DEALERS AND nTTERS BOARD 



) 



) 



21 NCAC 22 A 


.0203 




10:16 NCR 2053 


02/01/96 




.0309 




10:16 NCR 2053 


02/01/96 


22F 


.0003 - 


.0004 


10:16 NCR 2053 


02/01/96 




.0007- 


.0008 


10:16 NCR 2053 


02/01/96 




.0013- 


.0014 


10:16 NCR 2053 


02/01/96 




.0016 




10:16 NCR 2053 


02/01/96 




.0018 




10:16 NCR 2053 


02/01/96 




.0020- 


.0021 


10:16 NCR 2053 


02/01/96 


221 


.0008- 


.0009 


10:16 NCR 2053 


02/01/96 


22K 


.0004- 


.0005 


10:16 NCR 2053 


02/01/96 


22L 


.0001 




10:16 NCR 2053 


02/01/96 




.0005- 


.0006 


10:16 NCR 2053 


02/01/96 




.0009- 


.0011 


10:16 NCR 2053 


02/01/96 




.0013 - 


.0015 


10:16 NCR 2053 


02/01/96 


HUMAN RESOURCES 










10 NCAC 03C 


.5301 




10:14 NCR 1232 


03/01/96 




.5401 - 


.5414 


10:14 NCR 1232 


03/01/96 


03 D 


.0808 




10:14 NCR 1238 


02/01/96 




.1301 - 


.1302 


10:14 NCR 1238 


02/01/96 




.1401 




10:08 NCR 


641 


11/01/95 




.1401 - 


.1403 


10:14 NCR 1238 


02/01/96 




.1501 - 


.1503 


10:14 NCR 1238 


02/01/96 


03H 


.0108 - 


.0109 


10:02 NCR 


58 


09/01/95 




.0206- 


.0220 


10:02 NCR 


58 


09/01/95 




.0306 - 


.0318 


10:02 NCR 


58 


09/01/95 




.0407- 


.0409 


10:02 NCR 


58 


09/01/95 




.0505 - 


.0507 


10:02 NCR 


58 


09/01/95 




.0510 - 


.0517 


10:02 NCR 


58 


09/01/95 




.0605- 


.0609 


10:02 NCR 


58 


09/01/95 




.0705 - 


.0712 


10:02 NCR 


58 


09/01/95 




.0810- 


.0812 


10:02 NCR 


58 


09/01/95 




.0903 - 


.0911 


10:02 NCR 


58 


09/01/95 




.1003 - 


.1008 


10:02 NCR 


58 


09/01/95 




.1105- 


.1109 


10:02 NCR 


58 


09/01/95 




.1130- 


.1136 


10:02 NCR 


58 


09/01/95 




.1150- 


.1163 


10:02 NCR 


58 


09/01/95 




.1204 - 


.1208 


10:02 NCR 


58 


09/01/95 




.1210 




10:02 NCR 


58 


09/01/95 




.1306- 


.1308 


10:02 NCR 


58 


09/01/95 




.1405- 


.1406 


10:02 NCR 


58 


09/01/95 




.1408- 


.1410 


10:02 NCR 


58 


09/01/95 




.1501 - 


.1503 


10:02 NCR 


58 


09/01/95 




.1612- 


.1613 


10:02 NCR 


58 


09/01/95 




.1703 - 


.1704 


10:02 NCR 


58 


09/01/95 




.1804- 


.1807 


10:02 NCR 


58 


09/01/95 




.2001 




10:02 NCR 


58 


09/01/95 




.2101 - 


.2110 


10:02 NCR 


58 


09/01/95 




.2201 - 


.2203 


10:02 NCR 


58 


09/01/95 




.2204 - 


.2205 


10:02 NCR 


58 


09/01/95 




.2206 




10:02 NCR 


58 


09/01/95 




.2207 - 


.2211 


10:02 NCR 


58 


09/01/95 




.2212 




10:02 NCR 


58 


09/01/95 




.2301 - 


.2302 


10:02 NCR 


58 


09/01/95 




.2303 - 


.2307 


10:02 NCR 


58 


09/01/95 




.2308 




10:02 NCR 


58 


09/01/95 




.2401 




10:02 NCR 


58 


09/01/95 




.2402 




10:02 NCR 


58 


09/01/95 




.2501 




10:02 NCR 


58 


09/01/95 




.2502- 


.2504 


10:02 NCR 


58 


09/01/95 




.2505 - 


.2506 


10:02 NCR 


58 


09/01/95 




.2601 




10:02 NCR 


58 


09/01/95 



11/01/95 

01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 

01/01/96 

01/01/96 

01/01/96 

01/01/96 

01/01/96 
01/01/96 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2298 



CUMULATIVE INDEX 





Agaicy/Rnle Citation 


Proposed m 
Register 


Proposed 

Effective 

Date 


Ftsral Nou 


Effective 
Date 


Other Information 


State 


Iflfal 



03L 



03M 



03R 



.2602- 


.2604 


10:02 NCR 


58 


09/01/95 


.2605 - 


.2607 


10:02 NCR 


58 


09/01/95 


.2701 




10:02 NCR 


58 


09/01/95 


.2801 - 


.2802 


10:02 NCR 


58 


09/01/95 


.2901 - 


.2902 


10:02 NCR 


58 


09/01/95 


.3001 




10:02 NCR 


58 


09/01/95 


.3002- 


.3005 


10:02 NCR 


58 


09/01/95 


.3011 - 


.3013 


10:02 NCR 


58 


09/01/95 


.3014 




10:02 NCR 


58 


09/01/95 


.3015 - 


.3016 


10:02 NCR 


58 


09/01/95 


.3021 




10:02 NCR 


58 


09/01/95 


.3022- 


.3026 


10:02 NCR 


58 


09/01/95 


.3027 




10:02 NCR 


58 


09/01/95 


.3028 - 


.3030 


10:02 NCR 


58 


09/01/95 


.3031 




10:02 NCR 


58 


09/01/95 


.3032 




10:02 NCR 


58 


09/01/95 


.3101 - 


.3103 


10:02 NCR 


58 


09/01/95 


.3104 




10:02 NCR 


58 


09/01/95 


.3201 - 


.3202 


10:02 NCR 


58 


09/01/95 


.3301 - 


.3302 


10:02 NCR 


58 


09/01/95 


.3401 - 


.3404 


10:02 NCR 


58 


09/01/95 


.0901 - 


.0907 


10:08 NCR 


641 


02/01/96 


.1001 - 


.1007 


10:08 NCR 


641 


02/01/96 


.1101 - 


.1112 


10:08 NCR 


641 


02/01/96 


.1201 - 


.1202 


10:08 NCR 


641 


02/01/96 


.1301 - 


.1303 


10:08 NCR 


641 


02/01/96 


.1401 - 


.1402 


10:08 NCR 


641 


02/01/96 


.0202- 


.0205 


10:08 NCR 


641 


02/01/96 


.0207 




10:08 NCR 


641 


02/01/96 


.0109 - 


.0111 


10:14 NCR 1243 


01/01/96 


.0213 - 


.0215 


10:14 NCR 1243 


01/01/96 


.0303 - 


.0305 


10:14 NCR 


243 


01/01/96 


.0317 




10:14 NCR 1243 


01/01/96 


.0904 




10:14 NCR 1243 


01/01/96 


.1003 




10:14 NCR 


243 


01/01/96 


.1113 




10:14 NCR 1243 


01/01/96 


.1115 - 


.1120 


10:14 NCR 


243 


01/01/95 


.1124- 


.1127 


10:14 NCR 1243 


01/01/96 


.1214 




10:14 NCR 


243 


01/01/96 


.1216 




10:14 NCR 1243 


01/01/96 


.1218 - 


.1219 


10:14 NCR 


243 


01/01/96 


.1302 




10:14 NCR 


243 


01/01/96 


.1304- 


.1309 


10:14 NCR 1243 


01/01/96 


.1413 - 


.1414 


10:14 NCR 


243 


01/01. '96 


.1418- 


.1419 


10:14 NCR 1243 


01/01/96 


.1613 - 


.1615 


10:14 NCR 1243 


01/01/96 


.1618- 


.1619 


10:14 NCR 1243 


01/01/96 


.1713 - 


.1714 


10:14 NCR 1243 


01/01/96 


.1719- 


.1720 


10:14 NCR 


243 


01/01/96 


.1912- 


.1914 


10:14 NCR 


243 


01/01/96 


.1916- 


.1918 


10:14 NCR 


243 


01/01/96 


.2002 




10:14 NCR 


243 


01/01/96 


.2004- 


.2011 


10:14 NCR 


243 


01/01/96 


.2117 




10:14 NCR 


243 


01/01/96 


.2120 




10:14 NCR 


243 


01/01/96 


.2319- 


.2320 


10:14 NCR 


243 


01/01/96 


.2402 




10:14 NCR 


243 


01/01/96 


.2404- 


.2412 


10:14 NCR 


243 


01/01/96 


.2502- 


.2512 


10:14 NCR 


243 


01/01/96 


.2603 




10:14 NCR I 


243 


01/01/96 


.2605 




10:14 NCR 1 


243 


01/01/96 


.2607- 


.2610 


10:14 NCR 1 


243 


01/01/96 


.2612 - 


.2613 


10:14 NCR 1 


243 


01/01/96 



01/01/96 



01/01/96 
01/01/96 



01/01/96 

01/01/96 

01/01/96 

01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



I 



11/01/95 
11/01/95 



i 



I 



2299 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CUMULATIVE INDEX 



^ 



Ageacy/Rule Chatioii 



Proposed in 
Register 



Proposed 

Effectire 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Informatioii 



) 



^ 



.2718 - 


.2719 


10:14 NCR 1243 


01/01/96 


.2802 - 


.2807 


10:14 NCR 1243 


01/01/96 


.2809 - 


.2810 


10:14 NCR 1243 


01/01/96 


.3103 




10:14 NCR 1243 


01/01/96 


.3107 - 


.3108 


10:14 NCR 1243 


01/01/96 


.3204 




10:14 NCR 1243 


01/01/96 


.3206 - 


.3207 


10:14 NCR 1243 


01/01/96 


.3306 




10:14 NCR 1243 


01/01/96 


.3401 




10:14 NCR 1243 


01/01/96 


.3406- 


.3407 


10:14 NCR 1243 


01/01/96 


.3502- 


.3503 


10:14 NCR 1243 


01/01/96 


.3506 - 


.3507 


10:14 NCR 1243 


01/01/96 


.3606- 


.3507 


10:14 NCR 1243 


01/01/96 


.3706 - 


.3707 


10:14 NCR 1243 


01/01/96 


.3806 - 


.3807 


10:14 NCR 1243 


01/01/96 


.3902- 


.3904 


10:14 NCR 1243 


01/01/96 


.3907- 


.3909 


10:14 NCR 1243 


01/01/96 


.4002 


-.4008 


10:14 NCR 1243 


01/01/96 


.4010- 


.4012 


10:14 NCR 1243 


01/01/96 


.4102 - 


.4107 


10:14 NCR 1243 


01/01/96 


.4202 




10:14 NCR 1243 


01/01/96 


.4204 




10:14 NCR 1243 


01/01/96 


.4206 - 


.4207 


10:14 NCR 1243 


01/01/96 


.7001 - 


.7008 


10:14 NCR 1291 


01/01/96 


03T .0102 




10:14 NCR 1297 


02/01/96 


.0201 - 


.0210 


10:14 NCR 1297 


02/01/96 


.0301 - 


.0303 


10:14 NCR 1297 


02/01/96 


.0401 - 


.0403 


10:14 NCR 1297 


02/01/96 


.0501 - 


.0505 


10:14 NCR 1297 


02/01/96 


.0601 - 


.0605 


10:14 NCR 1297 


02/01/96 


.0701 - 


.0703 


10:14 NCR 1297 


02/01/96 


.0801 - 


.0803 


10:14 NCR 1297 


02/01/96 


.0901 - 


.0902 


10:14 NCR 1297 


02/01/96 


.1001 - 


.1002 


10:14 NCR 1297 


02/01/96 


.1102 




10:14 NCR 1297 


02/01/96 


.1113 




10:14 NCR 1297 


02/01/96 


.1116 




10:14 NCR 1297 


02/01/96 


.1202 




10:14 NCR 1297 


02/01/96 


.1204 




10:14 NCR 1297 


02/01/96 


.1212 




10:14 NCR 1297 


02/01/96 


14B .0501 - 


.0503 


10:07 NCR 430 


05/01/96 


.0505 - 


.0509 


10:07 NCR 430 


05/01/96 


14C .1001 - 


.1006 


10:15 NCR 1435 


02/01/96 


.1008 




10:15 NCR 1435 


02/01/96 


.1010- 


.1018 


10:15 NCR 1435 


02/01/96 


.1101 - 


.1105 


10:15 NCR 1435 


02/01/96 


.1107 




10:15 NCR 1435 


02/01/96 


.1110- 


.1111 


10:15 NCR 1435 


02/01/96 


.1114- 


.1121 


10:15 NCR 1435 


02/01/96 


.1123 




10:15 NCR 1435 


02/01/96 


.1125- 


.1131 


10:15 NCR 1435 


02/01/96 


.1133 - 


.1160 


10:15 NCR 1435 


02/01/96 


14D .0006 




10:15 NCR 1435 


02/01/96 


14K .0101 - 


.0103 


10:07 NCR 430 


05/01/96 


.0201 - 


.0219 


10:07 NCR 430 


05/01/96 


.0301 - 


.0310 


10:07 NCR 430 


05/01/96 


.0312- 


.0315 


10:07 NCR 430 


05/01/96 


.0317- 


.0324 


10:07 NCR 430 


05/01/96 


.0326 - 


.0329 


10:07 NCR 430 


05/01/96 


.0333 - 


.0348 


10:07 NCR 430 


05/01/96 


.0350 - 


.0365 


10:07 NCR 430 


05/01/96 


.0401 - 


.0408 


10:07 NCR 430 


05/01/96 


14L .0101 - 


.0106 


10:07 NCR 430 


05/01/96 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2300 



CUMULATIVE INDEX 



Agency/Rule Citatioa 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



EfTectiTe 
Dote 



Other Information 



f 



.0201 - 


.0203 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0308 


10:07 NCR 


430 


05/01/96 


.0310 




10:07 NCR 


430 


05/01/96 


.0401 - 


.0407 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0606 


10:07 NCR 


430 


05/01/96 


.0609 




10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0709 


10:07 NCR 


430 


05/01/96 


.0711 - 


.0712 


10:07 NCR 


430 


05/01/96 


14M .0101 - 


.0113 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0511 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0602 


10:07 NCR 


430 


05/01/96 


.0604 




10:07 NCR 


430 


05/01/96 


.0606 




10:07 NCR 


430 


05/01/96 


.0608- 


.0612 


10:07 NCR 


430 


05/01/96 


.0614 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0617 - 


.0621 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0716 


10:07 NCR 


430 


05/01/96 


14N .0101 - 


.0107 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0207 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0307 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0406 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0507 


10:07 NCR 


430 


05/01/96 


.0701 




10:07 NCR 


430 


05/01/96 


.0703 - 


.0705 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0811 


10:07 NCR 


430 


05/01/96 


.0901 - 


.0905 


10:08 NCR 


656 


05/01/96 


140 .0301 - 


.0314 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0409 


10:07 NCR 


430 


05/01/96 


.0411 - 


.0416 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0505 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0609 


10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0617 - 


.0618 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0710 


10:07 NCR 


430 


05/01/96 


14V 




10:15 NCR 1479 


05/01/96 


14V .0101 - 


.0104 


10:07 NCR 


430 


05/01/96 


.0101 - 


.0104 


10:13 NCR 1085 


05/01/96 


.0201 - 


.0208 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0208 


10:13 NCR 1085 


05/01/96 


.0301 - 


.0304 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0304 


10:13 NCR 1085 


05/01/96 


.0401 - 


.0405 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0405 


10:13 NCR 1085 


05/01/96 


.0501 - 


.0505 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0505 


10:13 NCR 1085 


05/01/96 


.0601 - 


.0604 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0607 


10:13 NCR 1085 


05/01/96 


.0701 - 


.0712 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0713 


10:13 NCR 1085 


05/01/96 


.0801 - 


.0805 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0805 


10:13 NCR 1085 


05/01/96 


.1101 - 


.1103 


10:07 NCR 


430 


05/01/96 


.1101 - 


.1103 


10:13 NCR 1085 


05/01/96 


.1201 - 


.1203 


10:07 NCR 


430 


05/01/96 


.1201 - 


.1203 


10:13 NCR 


1085 


05/01/96 


.1301 - 


.1303 


10:07 NCR 


430 


05/01/96 


.1301 - 


.1304 


10:13 NCR 


1085 


05/01/96 


.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 


.1401 - 


.1403 


10:13 NCR 1085 


05/01/96 


.1501 - 


.1504 


10:07 NCR 


430 


05/01/96 


.1501 - 


.1504 


10:13 NCR 1085 


05/01/96 


.2101 - 


.2104 


10:07 NCR 


430 


05/01/96 



i 



Notice on Subject Matter 
Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 



I 



2301 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CUMULATIVE INDEX 



Ageacy/RrUe Citation 



Proposed in 
Register 



Proposed 

Kfective 

Date 



Fiscal Note 



State Local 



EffectiTe 
Date 



Other Isformation 



.2101 - 


.2104 


10:13 NCR 1085 


05/01/96 


.2201 - 


.2204 


10:07 NCR 430 


05/01/96 


.2201 - 


.2204 


10:13 NCR 1085 


05/01/96 


.2301 - 


.2306 


10:07 NCR 430 


05/01/96 


.2301 - 


.2306 


10:13 NCR 1085 


05/01/96 


.2401 - 


.2404 


10:07 NCR 430 


05/01/96 


.2401 - 


.2404 


10:13 NCR 1085 


05/01/96 


.2501 - 


.2505 


10:07 NCR 430 


05/01/96 


.2501 - 


.2505 


10:13 NCR 1085 


05/01/96 


.3101 - 


.3103 


10:07 NCR 430 


05/01/96 


.3101 - 


.3103 


10:13 NCR 1085 


05/01/96 


.3201 - 


.3203 


10:07 NCR 430 


05/01/96 


.3201 - 


.3203 


10:13 NCR 1085 


05/01/96 


.3301 - 


.3303 


10:07 NCR 430 


05/01/96 


.3301 - 


.3303 


10:13 NCR 1085 


05/01/96 


.3401 - 


.3403 


10:07 NCR 430 


05/01/96 


.3401 - 


.3403 


10:13 NCR 1085 


05/01/96 


.3501 - 


.3503 


10:07 NCR 430 


05/01/96 


.3501 - 


.3503 


10:13 NCR 1085 


05/01/96 


.3601 - 


.3604 


10:07 NCR 430 


05/01/96 


.3601 - 


.3604 


10:13 NCR 1085 


05/01/96 


.3701 - 


.3703 


10:07 NCR 430 


05/01/96 


.3701 - 


.3703 


10:13 NCR 1085 


05/01/96 


.3801 - 


.3803 


10:07 NCR 430 


05/01/96 


.3801 - 


.3803 


10:13 NCR 1085 


05/01/96 


.3901 - 


.3903 


10:07 NCR 430 


05/01/96 


.3901 - 


.3903 


10:13 NCR 1085 


05/01/96 


.4001 - 


.4003 


10:07 NCR 430 


05/01/96 


.4001 - 


.4003 


10:13 NCR 1085 


05/01/96 


.4101 - 


.4104 


10:07 NCR 430 


05/01/96 


.4101 - 


.4104 


10:13 NCR 1085 


05/01/96 


.4201 - 


.4203 


10:13 NCR 1085 


05/01/96 


.5001 - 


.5002 


10.07 NCR 430 


05/01/96 


.5001 - 


.5003 


10:13 NCR 1085 


05/01/96 


.5101 - 


.5104 


10:07 NCR 430 


05/01/96 


.5101 - 


.5104 


10:13 NCR 1085 


05/01/96 


.5201 - 


.5204 


10:07 NCR 430 


05/01/96 


.5201 - 


.5204 


10:13 NCR 1085 


05/01/96 


.5301 - 


.5303 


10:07 NCR 430 


05/01/96 


.5301 - 


.5303 


10:13 NCR 1085 


05/01/96 


.5401 - 


.5403 


10:07 NCR 430 


05/01/96 


.5401 - 


.5403 


10:13 NCR 1085 


05/01/96 


5501 - 


.5503 


10:07 NCR 430 


05/01/96 


5501 - 


.5503 


10:13 NCR 1085 


05/01/96 


5601 - 


.5603 


10:07 NCR 430 


05/01/96 


.5601 - 


.5603 


10:13 NCR 1085 


05/01/96 


5701 - 


.5703 


10:07 NCR 430 


05/01/96 


5701 - 


.5703 


10:13 NCR 1085 


05/01/96 


5801 - 


.5804 


10:07 NCR 430 


05/01/96 


5801 - 


.5804 


10:13 NCR 1085 


05/01/96 


5901 - 


.5903 


10:07 NCR 430 


05/01/96 


5901 - 


.5903 


10:13 NCR 1085 


05/01/96 


6001 - 


.6003 


10:07 NCR 430 


05/01/96 


6001 - 


.6003 


10:13 NCR 1085 


05/01/96 


6101 - 


.6103 


10:07 NCR 430 


05/01/96 


6101 - 


.6103 


10:13 NCR 1085 


05/01/96 


6201 - 


.6202 


10:07 NCR 430 


05/01/96 


6201 - 


.6202 


10:13 NCR 1085 


05/01/96 


6301 - 


.6303 


10:07 NCR 430 


05/01/96 


6301 - 


.6303 


10:13 NCR 1085 


05/01/96 


6401 - 


.6403 


10:07 NCR 430 


05/01/96 


6401 - 


.6403 


10:13 NCR 1085 


05/01/96 


6501 - 


.6503 


10:07 NCR 430 


05/01/96 



Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agenqf Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 

Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2302 



CUMULATIVE INDEX 















1 Ta'rt r**^ ^ ^^J 


Fiscal Note 


EffeetiTe 


/^Va^ — — U ^ - J * 


Ageacy/Rule Citatioa 


Propose 
Regist 


)d in 
er 


rrupuSru 

EfTectiTe 

Date 


State 


Local 


Date 


Otner Infonnabon 






.6501 - .6503 


10:13 NCR 1085 


05/01/96 






.6601 - .6603 


10:07 NCR 


430 


05/01/96 


Agency Did Not Adopt 




.6601 - .6603 


10:13 NCR 1085 


05/01/96 






.6701 - .6702 


10:07 NCR 


430 


05/01/96 


Agency Did Not Adopt 




.6701 - .6702 


10:13 NCR 1085 


05/01/96 






.6801 - .6802 


10:07 NCR 


430 


05/01/96 


Agency Did Not Adopt 




.6801 - .6802 


10:13 NCR 1085 


05/01/96 






.6901 - .6903 


10:07 NCR 


430 


05/01/96 


Agency Did Not Adopt 




.6901 - .6903 


10:13 NCR 1085 


05/01/96 




ISA 


.0115- .0127 


10:13 NCR 1085 


01/01/96 


X 




.0205 - .0228 


10:13 NCR 1085 


01/01/96 


X 


18A 


.0124- .0128 


10:07 NCR 


430 


05/01/96 






.0130 


10:07 NCR 


430 


05/01/96 






.0132 - .0133 


10:07 NCR 


430 


05/01/96 






.0135 - .0136 


10:07 NCR 


430 


05/01/96 




ISD 


.0209 


10:14 NCR 1311 


01/01/96 




18F 


,0115 - .0117 


10:14 NCR 1311 


01/01/96 




181 


.0114- .0120 


10:07 NCR 


430 


05/01/96 




18J 


.0110- .0119 


10:07 NCR 


430 


05/01/96 






.0212- .0213 


10:07 NCR 


430 


05/01/96 






.0304- .0311 


10:07 NCR 


430 


05/01/96 






.0507- .0511 


10:08 NCR 


656 


05/01/96 






.0601 - .0604 


10:07 NCR 


430 


05/01/96 






.0701 - .0715 


10:07 NCR 


430 


05/01/96 






.0801 - .0805 


10:07 NCR 


430 


05/01/96 






.0803 


10:02 NCR 


118 


07/01/95 


07/01/95 


18K 


.0109- .0116 


10:07 NCR 


430 


05/01/96 






.0262 - .0263 


10:08 NCR 


656 


05/01/96 




18L 


.0107 - .0108 


10:07 NCR 


430 


05/01/96 






.0223 - .0224 


10:07 NCR 


430 


05/01/96 






.0331 - .0336 


10:07 NCR 


430 


05/01/96 






.0338 - .0339 


10:07 NCR 


430 


05/01/96 






.0428 - .0434 


10:07 NCR 


430 


05/01/96 






.0504 


10:07 NCR 


430 


05/01/96 






.0511 


10:07 NCR 


430 


05/01/96 






.0513 


10:07 NCR 


430 


05/01/96 






.0601 - .0607 


10:08 NCR 


656 


05/01/96 






.0701 - .0705 


10:07 NCR 


430 


05/01/96 






.0707 


10:07 NCR 


430 


05/01/96 






.0801 


10:07 NCR 


430 


05/01/96 






.0803 - .0809 


10:07 NCR 


430 


05/01/96 






.0901 - .0904 


10:07 NCR 


430 


05/01/96 






.1001 - .1006 


10:07 NCR 


430 


05/01/96 






.1101 - .1103 


10:07 NCR 


430 


05/01/96 






.1105 - .1107 


10:07 NCR 


430 


05/01/96 






.1201 


10:07 NCR 


430 


05/01/96 






.1203 - .1206 


10:07 NCR 


430 


05/01/96 






.1301 - .1309 


10:07 NCR 


430 


05/01/96 






.1401 - .1403 


10:07 NCR 


430 


05/01/96 






.1501 - .1525 


10:07 NCR 


430 


05/01/96 




18M 


.0107- .0110 


10:07 NCR 


430 


05/01/96 






.0206 - .0213 


10:07 NCR 


430 


05/01/96 






.0304 - .0307 


10:07 NCR 


430 


05/01/96 






.0406 - .0409 


10:07 NCR 


430 


05/01/96 






.0505 - .0506 


10:07 NCR 


430 


05/01/96 






.0607 - .0608 


10:07 NCR 


430 


05/01/96 






.0701 


10:07 NCR 


430 


05/01/96 






.0703 - .0706 


10:07 NCR 


430 


05/01/96 






.0708 - .0714 


10:07 NCR 


430 


05/01/96 






.0801 - .0803 


10:07 NCR 


430 


05/01/96 






.0817- .0819 


10:07 NCR 


430 


05/01/96 






.0824 - .0838 


10:07 NCR 


430 


05/01/96 






.0901 - .0908 


10:07 NCR 


430 


05/01/96 





f 



i 



I 



2303 



NORTH CAROLINA REGISTER 



December 1, 1995 10:17 



CUMULATIVE INDEX 



^ 



Agency/Rule Citation 


Proposed in 
Renter 


Proposed 

Effectiye 

Date 


Fisral Note 


EffectiTB 
Date 


Other Information 


State 


Local 





.1001 - 


.1009 


10:07 NCR 430 


05/01/96 








.1101 - 


.1106 


10:07 NCR 430 


05/01/96 








.1203 - 


.1204 


10:07 NCR 430 


05/01/96 








.1302- 


.1305 


10:07 NCR 430 


05/01/96 








.1401 - 


.1403 


10:07 NCR 430 


05/01/96 








.1405- 


.1410 


10:07 NCR 430 


05/01/96 






18N 


.0105 - 


.0110 


10:07 NCR 430 


05/01/96 








.0204- 


.0212 


10:07 NCR 430 


05/01/96 








.0305 - 


.0306 


10:07 NCR 430 


05/01/96 








.0601 - 


.0605 


10:08 NCR 656 


05/01/96 








.0701 - 


.0709 


10:08 NCR 656 


05/01/96 






180 


.0517 - 


.0524 


10:08 NCR 656 


05/01/96 






18P 


.0901 - 


.0903 


10:07 NCR 430 


05/01/96 








.1001 - 


.1004 


10:07 NCR 430 


05/01/96 






I8Q 


.0284 




10:07 NCR 430 


05/01/96 








.0286- 


.0287 


10:07 NCR 430 


05/01/96 








.0520 - 


.0521 


10:07 NCR 430 


05/01/96 








.0538 - 


.0552 


10:07 NCR 430 


05/01/96 






19C 


.0209 




10:16 NCR 1708 


02/01/96 








.0408 - 


.0410 


10:16 NCR 1708 


02/01/96 








.0504 




10:16 NCR 1708 


02/01/96 








.0509 - 


.0512 


10:16 NCR 1708 


02/01/96 








.0602 




10:16 NCR 1708 


02/01/96 








.0604 




10:16 NCR 1708 


02/01/96 








.0702- 


.0703 


10:16 NCR 1708 


02/01/96 






19G 


.0501 - 
.0603 


.0502 


10:14 NCR 1312 
10:14 NCR 1312 


01/01/96 
01/01/96 








.0606 - 


.0612 


10:14 NCR 1312 


01/01/96 








.0803 




10:14 NCR 1312 


01/01/96 








.0806 




10:14 NCR 1312 


01/01/96 








.0817 




10:14 NCR 1312 


01/01/96 








.0823 




10:14 NCR 1312 


01/01/96 






20A 


.0102 




10:16 NCR 1716 


02/01/96 






20B 


.0204 - 


.0206 


10:16 NCR 1716 


02/01/96 








.0208 - 


.0210 


10:16 NCR 1716 


02/01/96 








.0218 




10:16 NCR 1716 


02/01/96 








.0??? 




10:16 NCR 1716 


02/01/96 








.0224 




10:16 NCR 1716 


02/01/96 








.0226 - 


.0227 


10:16 NCR 1716 


02/01/96 






20C 


.0205 




10:16 NCR 1716 


02/01/96 


X 






.0316 




10:16 NCR 1716 


02/01/96 


X 




26B 


.0110 
.0112 
.0113 




10:08 NCR 660 
10:16 NCR 1721 
10:16 NCR 1721 


10/01/95 
02/01/96 
02/01/96 




10/01/95 




.0124 




10:02 NCR 118 


07/01/95 


X 


07/01/95 


26G 


.0703 - 


.0705 


10:12 NCR 982 


12/01/95 






26H 


.0212- 


.0213 


10:13 NCR 1153 


01/01/96 


X 






.0213 




10:02 NCR 118 


07/01/95 




07/01/95 




.0213 




10:14 NCR 1317 


01/01/96 


X 






.0302 




10:04 NCR 228 


08/01/95 


X 


08/01/95 




.0304 - 


.0305 


10:04 NCR 228 


08/01/95 


X 


08/01/95 




.0308 - 


.0309 


10:04 NCR 228 


08/01/95 


X 


08/01/95 




.0508 




10:12 NCR 982 


12/01/95 






261 


.0101 - 


.0107 


10:10 NCR 826 


11/01/95 






26K 


.0006 




10:15 NCR 1479 


02/01/96 






39D 


.0302 - 


.0303 


10:09 NCR 722 


11/01/95 




11/01/95 




.0304 




10:15 NCR 1483 


02/01/96 


X 




41F 


.0706 




10:03 NCR 196 


08/01/95 




08/01/95 




.0812 




10:03 NCR 196 


08/01/95 




08/01/95 


411 


.0100 




10:17 NCR 2228 








42B 


.1209 




10:13 NCR 1158 


01/01/96 






42C 


.2010 




10:13 NCR il58 


01/01/96 







Rule-Making Proceeding 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2304 



CUMULATIVE INDEX 



Ageacy/Hide Citation 



Proposed in 
Register 



Proposed 

EffectiTe 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Informatioii 



f 





42D 


.1409 




10:13 NCR 11S8 


01/01/96 




42H 


.0911 




10:09 NCR 722 


12/01/95 




42W 


.0001 - 


.0002 


10:10 NCR 828 


11/01/95 




46A 


.0001 




10:16 NCR 1724 


02/01/96 






.0005 




10:16 NCR 1724 


02/01/96 




46C 


.0107 




10:16 NCR 1724 


02/01/96 




46D 


.0101 




10:16 NCR 1724 


02/01/96 






.0103 




10:16 NCR 1724 


02/01/96 






.0105 - 


.0107 


10:16 NCR 1724 


02/01/96 






.0202 




10:16 NCR 1724 


02/01/96 




46E 


.0108 - 


.0109 


10:16 NCR 1724 


02/01/96 






.0111 




10:16 NCR 1724 


02/01/96 




46F 


.0107- 


.0108 


10:16 NCR 1724 


02/01/96 






.0110 




10:16 NCR 1724 


02/01/96 




46G 


.0110 




10:16 NCR 1724 


02/01/96 






.0113 




10:16 NCR 1724 


02/01/96 






.0214 




10:16 NCR 1724 


02/01/96 




46H 


.0101 




10:16 NCR 1724 


02/01/96 






.0103 - 


.0105 


10:16 NCR 1724 


02/01/96 






.0108 




10:16 NCR 1724 


02/01/96 






.0110 




10:16 NCR 1724 


02/01/96 






.0201 - 


.0203 


10:16 NCR 1724 


02/01/96 






.0206 - 


.0207 


10:16 NCR 1724 


02/01/96 




47B 


.0404- 


.0405 


10:15 NCR 1483 


02/01/96 




49B 


.0102 




10:15 NCR 1483 


02/01/96 




49C 


.0107 




10:16 NCR 1731 


02/01/96 




SOB 


.0313 




10:14 NCR 1321 


01/01/96 




SOD 


.0101 - 


.0103 


10:15 NCR 1479 


02/01/96 






.0201 




10:15 NCR 1479 


02/01/96 






.0301 - 


.0302 


10:15 NCR 1479 


02/01/96 






.0401 - 


.0402 


10:15 NCR 1479 


02/01/96 






.0501 - 


.0503 


10:15 NCR 1479 


02/01/96 


INSURANCE 










11 


NCAC 04 


.0120 - 


.0124 


10:15 NCR 1489 


02/01/96 






.0421 - 


.0422 


10:15 NCR 1489 


02/01/96 






.0429 - 


.0430 


10:15 NCR 1489 


02/01/96 






.0501 - 


.0509 


10:16 NCR 1732 


01/01/97 




06A 


.0201 




10:16 NCR 1738 


02/01/96 






.0217 




10:16 NCR 1738 


02/01/96 






.0225- 


.0226 


10:16 NCR 1738 


02/01/96 






.0234- 


.0236 


10:16 NCR 1738 


02/01/96 






.0240 




10:16 NCR 1738 


02/01/96 






.0301 - 


.0302 


10:16 NCR 1738 


02/01/96 






.0304 - 


.0306 


10:16 NCR 1738 


02/01/96 






.0402 




10:16 NCR 1738 


02/01/96 






.0410 




10:16 NCR 1738 


02/01/96 






.0413 




10:16 NCR 1738 


02/01/96 






.0417 




10:16 NCR 1738 


02/01/96 






0501 




10:16 NCR 1738 


02/01/96 






.0701 - 


.0705 


10:16 NCR 1738 


02/01/96 






.0808 - 


.0810 


10:16 NCR 1738 


02/01/96 






.0812 




10:04 NCR 246 


08/01/95 






.0813 




10:16 NCR 1738 


02/01/96 






.0901 - 


.0904 


10:16 NCR 1738 


02/01/96 




09 


.0101 - 


.0104 


10:15 NCR 1490 


02/01/96 






.0201 - 


.0203 


10:15 NCR 1490 


02/01/96 




10 


.0105 




10:15 NCR 1492 


02/01/96 






.0605 




10:15 NCR 1492 


02/01/96 






.1102- 


.1103 


10:15 NCR 1492 


02/01/96 






.1110 - 


.1111 


10:15 NCR 1492 


02/01/96 






.1603 




10:15 NCR 1492 


02/01/96 




IIB 


.0111 




10:15 NCR 1503 


02/01/96 



12/01/95 
11/01/95 



I 



08/01/95 



i 



2305 



NORTH CAROLINA REGISTER 



December I, 1995 



10:17 



CUMULATIVE INDEX 



^ 





Proposed in 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 


Other Information 




Register 


State 


Local 


Date 



J 



^ 







.0114 








.0140- 


.0142 






.0146 








.0148 








.0302 - 


.0306 






.0601 - 


.0602 






.0604 








.0607 








.0610 








.0612 








.0616- 


.0617 




lie 


.0112- 
.0118 
.0132 
.0313 


.0113 






.0504 - 


.0505 




IID 


.0108 - 


.0109 






.0302 - 


.0305 




IIF 


.0401 - 


.0405 




12 


.0307 
.0326 








.0415 - 


.0416 






.0436 








.0449 








.0460 








.0514 








.0552 








.0562 








.0822 








.0824 - 


.0825 






.0835 








.0837 








.0839 








.0901 








.0918- 


.0919 






.1004 








.1601 - 


.1604 






.1701 - 


.1709 




13 


.0317 
.0319 






14 


.0202 








.0430 - 


.0432 






.0603 








.0705 






16 


.0602 
.0704 






17 


.0003 
.0006 






20 


.0101 








.0201 - 


.0205 






.0301 - 


.0304 






.0401 - 


.0410 






.0501 - 


.0511 






.0601 - 


.0602 






.0701 - 


.0703 




21 


.0101 - 


.0110 


us 

12 


TICE 

NCAC 04E 


.0104 






07D 


.0201 
.0204 
.0301 
.0401 





10:15 NCR 1503 
10:15 NCR 1503 
10:15 NCR 1503 
10:15 NCR 1503 
10:15 NCR 1503 
10:16 NCR 1751 
10:16 NCR 1751 
10:16 NCR 1751 
10:16 NCR 1751 
10:16 NCR 1751 
10:16 NCR 1751 
10:15 NCR 1503 
10:15 NCR 1503 
10:15 NCR 1503 
10:15 NCR 1503 
10:15 NCR 1503 
10:15 NCR 1503 
10:15 NCR 1503 
10:16 NCR 1756 
10:16 NCR 1764 
10:16 NCR 1764 
10:16 NCR 1764 
10:16 NCR 1764 
10:16 NCR 1764 
10:16 NCR 1764 
10:16 NCR 1762 
10:16 NCR 1764 
10:16 NCR 1764 
10:16 NCR 1764 
10:16 NCR 1764 
10:16 NCR 1764 
10:16 NCR 1764 
10:16 NCR 1764 
10:16 NCR 1787 
10:16 NCR 1787 
10:16 NCR 1764 
10:16 NCR 1764 
10:16 NCR 1764 
10:15 NCR 1513 
10:15 NCR 1513 
10:15 NCR 1503 
10:15 NCR 1503 
10:15 NCR 1503 
10:15 NCR 1503 
10:15 NCR 1514 
10:11 NCR 900 
10:16 NCR 1787 
10:16 NCR 1764 
10:16 NCR 1787 
10:16 NCR 1787 
10:16 NCR 1787 
10:16 NCR 1787 
10:16 NCR 1787 
10:16 NCR 1787 
10:16 NCR 1787 
10:16 NCR 1787 



10:07 NCR 573 

10:07 NCR 575 

10:11 NCR 900 

10:07 NCR 575 

10:07 NCR 575 



02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/97 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
03/01/96 
03/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
12/01/95 
02/01/96 
02/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
06/01/96 
03/01/96 



10/01/95 
10/01/95 
12/01/95 
10/01/95 
10/01/95 



10/01/95 



10.17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2306 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0701 




10:07 NCR 


575 


10/01/95 




.0706 




10:07 NCR 


575 


10/01/95 




.0801 




10:07 NCR 


575 


10/01/95 




.0806 




10:07 NCR 


575 


10/01/95 




.0808 




10:16 NCR 1796 


02/01/96 




.0902 




10:07 NCR 


575 


10/01/95 




.0904 




10:07 NCR 


575 


10/01/95 


09A 


.0204 




10:02 NCR 


122 


08/01/95 


09B 


.0113 




10:02 NCR 


122 


08/01/95 




.0201 - 


.0202 


10:02 NCR 


122 


08/01/95 




.0205 




10:02 NCR 


122 


08/01/95 




.0206 




10:02 NCR 


122 


08/01/95 




.0210 




10:02 NCR 


122 


08/01/95 




.0212 - 


.0214 


10:02 NCR 


122 


08/01/95 




.0226 - 


.0228 


10:02 NCR 


122 


08/01/95 




.0232 - 


.0233 


10:02 NCR 


122 


08/01/95 


09C 


.0401 




10:02 NCR 


122 


08/01/95 




.0601 




10:02 NCR 


122 


08/01/95 


09D 


.0102 




10:02 NCR 


122 


08/01/95 




.0104- 


.0106 


10:02 NCR 


122 


08/01/95 


09F 


.0101 - 


.0107 


10:16 NCR 1797 


05/01/96 


lOB 


.0102- 


.0103 


10:09 NCR 


723 


01/01/96 




.0105 




10:09 NCR 


723 


01/01/96 




.0204 




10:09 NCR 


723 


01/01/96 




.0301 




10:09 NCR 


723 


01/01/96 




.0304 




10:09 NCR 


723 


01/01/96 




.0307 




10:09 NCR 


723 


01/01/96 




.0401 - 


.0403 


10:09 NCR 


723 


01/01/96 




.0405 




10:09 NCR 


723 


01/01/96 




.0407- 


.0409 


10:09 NCR 


723 


01/01/96 




.0502 - 


.0503 


10:09 NCR 


723 


01/01/96 




.0505 




10:09 NCR 


723 


01/01/96 




.0601 - 


.0607 


10:09 NCR 


723 


01/01/96 




.0702- 


.0706 


10:09 NCR 


723 


01/01/96 




.0801 - 


.0803 


10:09 NCR 


723 


01/01/96 




.0901 




10:09 NCR 


723 


01/01/96 




.0903 - 


.0906 


10:09 NCR 


723 


01/01/96 




.0908 - 


.0912 


10:09 NCR 


723 


01/01/96 




.1004- 


.1005 


10:09 NCR 


723 


01/01/96 




.1201 - 


.1205 


10:09 NCR 


723 


01/01/96 


11 


.0210 




10:05 NCR 


301 


09/01/95 


LABOR 












13 NCAC 






10:01 NCR 


10 


01/01/96 








10:01 NCR 


12 


01/01/96 








10:02 NCR 


149 


10/01/95 








10:02 NCR 


149 


01/01/96 








10:02 NCR 


149 


01/01/96 








10:02 NCR 


149 


02/01/96 








10:03 NCR 


196 


01/01/96 








10:03 NCR 


197 


01/01/96 


06 






10:16 NCR 


1799 


04/01/96 


07F 


.0101 




10:16 NCR 


ISOO 


04,'01/96 




.0201 




10:16 NCR 


1823 


02/01/96 


12 


.0101 




10:02 NCR 


142 


08/01/95 




.0303 - 


0315 


10:02 NCR 


142 


08/01/95 




.0501 - 


.0502 


10:02 NCR 


142 


08/01/95 




.0803 - 


,0808 


10:02 NCR 


142 


08/01/95 


15 






10:16 NCR 1827 


04/01/96 


18 


,0101 - 


.0110 


10:14 NCR 1323 


01/01/96 


LANDSCAPE ARCHITECTS 








21 NCAC 26 


.0307 




10:15 NCR 1583 


02/01/96 



f 



08/01/95 
08/01/95 
01/01 '96 

08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 



I 



10/01/95 



Notice on 
Notice on 
Notice on 
Notice on 
Notice on 
Notice on 
Notice on 
Notice on 
Notice on 



Subject 
Subject 
Subject 
Subject 
Subject 
Subject 
Subject 
Subject 
Subject 



Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 



Notice on Subject Matter 



I 



2307 



NORTH CAROLINA REGISTER 



December I, 1995 



10:17 



CUMULATIVE INDEX 



^ 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





LIST OF RULES CODIFIED 



10:02 NCR 
10:04 NCR 
10:06 NCR 
10:09 NCR 
10:10 NCR 
10:12 NCR 1017 
10:15 NCR 1585 



167 
272 
392 
783 
845 



Rules 
Rules 
Rules 
Rules 
Rules 
Rules 
Rules 



Filed 03/95 
Filed 04/95 
Filed 05/95 
Filed 06/95 
Filed 07/95 
Filed 08/95 
Filed 09/95 



MARRIAGE AND FAMILY THERAPY LICENSURE BOARD 

21 



21 



31 


.0102 
.0104 






.0201 - 


.0203 




.0301 - 


.0304 




.0401 - 


.0404 




.0501 - 


.0506 




.0601 - 


.0609 




.0701 






.0801 






.0901 




EXAMINERS 


32B 


.0901 - 


.0902 


32F 


0003 




32H 


.0102 
.0201 
.0203 
.0408 
.0506 
.0601 
.0602 
.0801 
.1001 




321 


.0003 - 


.0004 


32M 


.0001 - 


.0002 



10:16 NCR 2062 
10:16 NCR 2062 
10:16 NCR 2062 
10:16 NCR 2062 
10:16 NCR 2062 
10:16 NCR 2062 
10:16 NCR 2062 
10:16 NCR 2062 
10:16 NCR 2062 
10:16 NCR 2062 



10:10 
10:10 
10:02 
10:02 
10:02 
10:02 
10:02 
10:02 
10:02 
10:02 
10:02 
10:02 
10:10 



NCR 831 

NCR 831 

NCR 151 

NCR 151 

NCR 151 

NCR 151 

NCR 151 

NCR 151 

NCR 151 

NCR 151 

NCR 151 

NCR 151 

NCR 831 



03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 



11/01/95 
11/01/95 
07/01/96 
07/01/96 
07/01/96 
07/01/96 
07/01/96 
07/01/95 
07/01/96 
07/01/96 
07/01/96 
07/01/95 
11/01/95 



07/01/96 
07/01/96 

07/01/96 
07/01/96 
09/01/95 
07/01/96 
07/01/96 
07/01/96 
09/01/95 



MORTUARY SCIENCE 

21 NCAC 34B .0401 

34D .0202 

.0301 



10:13 NCR 1182 
10:13 NCR 1182 
10:13 NCR 1182 



01/01/96 
01/01/96 
01/01/96 



NURSING. BOARD OF 



21 NCAC 



36 



.0109 

.0202 - 

.0209 

.0211 

.0216 - 

0221 

.0225 

.0227 

.0228 

.0318 

.0320 

.0322 

.0401 - 



.0203 



.0219 



.0405 



10:11 
10:11 
10:11 
10:11 
10:11 
10:11 
10:11 
10:11 
10:16 
10:11 
10:11 
10:11 
10:10 



NCR 908 

NCR 908 

NCR 908 

NCR 908 

NCR 908 

NCR 908 

NCR 908 

NCR 908 

NCR 2068 

NCR 908 

NCR 908 

NCR 908 

NCR 839 



01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
02/01/96 
01/01/96 
01/01/96 
01/01/96 
12/01/95 



NURSING HOME ADMINISTRATORS 



^ 



21 NCAC 37 



.0101 
.0302 
.0404 
.0502 
.0603 



10:04 NCR 262 

10:03 NCR 206 

10:03 NCR 206 

10:03 NCR 206 

10:03 NCR 206 



08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 



08/01/95 

N/A 

N/A 
08/01/95 
08/01/95 



Agency withdrew Rule 
Agency withdrew Rule 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2308 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Roister 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 





.0904 




10:04 NCR 262 


08/01/95 




.0912 




10:03 NCR 206 


08/01/95 




.0914 




10:03 NCR 206 


08/01/95 


37A 


.0101 




10:16 NCR 2069 


04/01/96 




.0108 




10:16 NCR 2069 


04/01/96 




.0110 




10:16 NCR 2069 


04/01/96 




.0208 




10:16 NCR 2069 


04/01/96 




.0211 




10:16 NCR 2069 


04/01/96 




.0306 




10:16 NCR 2069 


04/01/96 




.0308 




10:16 NCR 2069 


04/01/96 




.0506 




10:16 NCR 2069 


04/01/96 




.0603 - 


.0604 


10:16 NCR 2069 


04/01/96 




.0702- 


.0707 


10:16 NCR 2069 


04/01/96 




.0805 




10:16 NCR 2069 


04/01/96 




.0901 




10:16 NCR 2069 


04/01/96 




.0905 




10:16 NCR 2069 


04/01/96 




.0907 




10:16 NCR 2069 


04/01/96 




.1203 




10:16 NCR 2069 


04/01/96 


37B 


.0101 - 


.0103 


10:16 NCR 2069 


04/01/96 




.0201 




10:16 NCR 2069 


04/01/96 




.0203 




10:16 NCR 2069 


04/01/96 




.0205 




10:16 NCR 2069 


04/01/96 


37C 


.0101 - 


.0103 


10:16 NCR 2069 


04/01/96 


37D 


.0101 - 


.0102 


10:16 NCR 2069 


04/01/96 




.0201 - 


.0203 


10:16 NCR 2069 


04/01/96 




.0301 - 


.0303 


10:16 NCR 2069 


04/01/96 




.0402- 


.0406 


10:16 NCR 2069 


04/01/96 




.0408- 


.0412 


10:16 NCR 2069 


04/01/96 




.0501 - 


.0503 


10:16 NCR 2069 


04/01/96 




.0601 - 


.0603 


10:16 NCR 2069 


04/01/96 




.0605 




10:16 NCR 2069 


04/01/96 




.0701 - 


.0703 


10:16 NCR 2069 


04/01/96 


37E 


.0101 - 


.0102 


10:16 NCR 2069 


04/01/96 


37F 


.0101 - 


.0102 


10:16 NCR 2069 


04/01/96 


37G 


.0101 - 


.0102 


10:16 NCR 2069 


04/01/96 




.0201 - 


.0202 


10:16 NCR 2069 


04/01/96 




.0301 




10:16 NCR 2069 


04/01/96 




.0401 




10:16 NCR 2069 


04/01/96 


37H 


.0101 - 


.0104 


10:16 NCR 2069 


04/01/96 


371 


.0101 




10:16 NCR 2069 


04/01/96 


OPTICIANS 










21 NCAC 40 


.0314 




10:16 NCR 2081 


02/01/96 


PASTORAL COUNSELORS, FEE-BASED PRACTICING 




21 NCAC 45 


.0101 




10:16 NCR 2082 


03/01/96 




.0201 - 


.0203 


10:16 NCR 2082 


03/01/96 




.0301 - 


.0303 


10:16 NCR 2082 


03/01/96 




.0401 - 


.0402 


10:16 NCR 2082 


03/01/96 




.0501 




10:16 NCR 2082 


03/01/96 




.0601 




10:16 NCR 2082 


03/01/96 




.0701 




10:16 NCR 2082 


03/01/96 




.0801 - 


.0802 


10:16 NCR 2082 


03/01/96 




.0901 




10:16 NCR 2082 


03/01/96 




.1001 




10:16 NCR 2082 


03/01/96 


PHARMACY, BOARD OF 






21 NCAC 46 


.1204 




10:16 NCR 2085 


05/01/96 




.1317 




10:16 NCR 2085 


05/01/96 




.1401 - 


.1404 


10:16 NCR 2085 


05/01/96 




.1406 




10:16 NCR 2085 


05/01/96 




.1408 




10:16 NCR 2085 


05/01/96 




.1410- 


.1417 


10:16 NCR 2085 


05/01/96 



Agency withdrew Rule 



N/A 
08/01/95 

N/A Agency withdrew Rule 



2309 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CUMULATIVE INDEX 



^ 





Ageocy/Rule Citation 


Proposed in 
Register 


Proposed 

EffectiTe 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


SUte 


Local 



21 





.1505 




10:16 NCR 2085 


05/01/96 




.1601 - 


.1604 


10:16 NCR 2085 


05/01/96 




.1607 




10:16 NCR 2085 


05/01/96 




.1701 - 


.1705 


10:16 NCR 2085 


05/01/96 




.1810- 


.1811 


10:16 NCR 2085 


05/01/96 




.1910 




10:16 NCR 2085 


05/01/96 




.2104 




10:16 NCR 2085 


05/01/96 




.2403 




10:16 NCR 2085 


05/01/96 




.2502 




10:16 NCR 2085 


05/01/96 




.2504 




10:16 NCR 2085 


05/01/96 




.2506 




10:16 NCR 2085 


05/01/96 




.2602 




10:16 NCR 2085 


05/01/96 




.2609 




10:16 NCR 2085 


05/01/96 




.2611 




10:16 NCR 2085 


05/01/96 


5ICAL THERAPY EXAMI>fERS 




NCAC 48A 


.0001 




10:16 NCR 2107 


02/01/96 




.0004 




10:16 NCR 2107 


02/01/96 


48B 


.0002 




10:16 NCR 2107 


02/01/96 


48C 


.0103 




10:08 NCR 671 


10/01/95 


48D 


.0006 




10:08 NCR 671 


10/01/95 




.0008 




10:08 NCR 671 


10/01/95 




.0009- 


.0011 


10:16 NCR 2107 


02/01/96 




.0011 




10:08 NCR 671 


10/01/95 


48E 


.0101 




10:16 NCR 2107 


02/01/96 




.0104 




10:16 NCR 2107 


02/01/96 




.0110 




10:08 NCR 671 


10/01/95 




.0110 




10:16 NCR 2107 


02/01/96 


48F 


.0002 




10:08 NCR 671 


10/01/95 




.0003 




10:16 NCR 2107 


02/01/96 


48G 


.0501 - 


.0516 


10:08 NCR 671 


10/01/95 




.0504 




10:16 NCR 2107 


02/01/96 




.0509 




10:16 NCR 2107 


02/01/96 




.0601 




10:08 NCR 671 


10/01/95 




.0601 




10:16 NCR 2107 


02/01/96 


48H 


.0102 




10:16 NCR 2107 


02/01/96 




.0104 




10:08 NCR 671 


10/01/95 




.0701 - 


.0704 


10:08 NCR 671 


10/01/95 




.0701 




10:16 NCR 2107 


02/01/96 



N/A 
10/01/95 
10/01/95 

10/01/95 



10/01/95 
10/01/95 
10/01/95 

10/01/95 



10/01/95 
10/01/95 



Agency withdrew Rule 



PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS 

21 NCAC 50 .0402 10:01 NCR 39 09/01/95 

.0505 10:01 NCR 39 09/01/95 

PROFESSIONAL COUNSELORS 

21 



21 



^ 



53 .0204 - 


.0211 


10:01 NCR 40 


07/01/95 


.0301 




10:01 NCR 40 


07/01/95 


.0305 - 


.0309 


10:01 NCR 40 


07/01/95 


.0310 




10:01 NCR 40 


07/01/95 


.0403 - 


.0405 


10:01 NCR 40 


07/01/95 


.0601 - 


.0604 


10:01 NCR 40 


07/01/95 


)NAL ENGINEERS AND LAIVD SURVEYORS 




56 .0802 




10 


11 NCR 934 


12/01/95 


.0804 




10 


11 NCR 934 


12/01/95 


.0902 




10 


11 NCR 934 


12/01/95 


.1103 




10 


1 1 NCR 934 


12/01/95 


.1301 




10 


11 NCR 934 


12/01/95 


.1602 




10 


11 NCR 934 


12/01/95 


.1604 




10 


11 NCR 934 


12/01/95 


.1608 




10 


11 NCR 934 


12/01/95 


.1707 




10 


11 NCR 934 


12/01/95 



09/01/95 

N/A 



07/01/95 
07/01/95 
07/01/95 

07/01/95 
07/01/95 



Agency Did Not Adopt 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2310 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Infonnation 



c 





.1712- 


.1713 


10:11 NCR 934 


12/01/95 


PSYCHOLOGY BOARD 








21 NCAC 54 


.1604- 


.1605 


10:16 NCR2111 


03/01/96 




.1608 




10:16 NCR2111 


03/01/96 




.1610 




10:16 NCR 2111 


03/01/96 




.1701 




10:11 NCR 929 


12/01/95 




.1703 - 


.1705 


10:16 NCR 21 11 


03/01/96 




.1707 




10:11 NCR 929 


12/01/95 




.1801 - 


.1803 


10:16 NCR2111 


03/01/96 




.1901 




10:16 NCR 2111 


03/01/96 




.1904 




10:16 NCR 2111 


03/01/96 




.2001 - 


.2005 


10:16 NCR 2111 


03/01/96 




.2007 - 


.2009 


10:16 NCR 2111 


03/01/96 




.2101 




10:16 NCR 2111 


03/01/96 




.2103 




10:16 NCR 2111 


03/01/96 




.2201 - 


.2204 


10:16 NCR 2111 


03/01/96 




.2704 - 


.2706 


10:11 NCR 929 


12/01/95 


PUBLIC EDUCATION 








16 NCAC 06 A 


.0001 - 


.0002 


10:16 NCR 1997 


04/01/96 


06B 


.0001 - 


.0002 


10:16 NCR 1997 


04/01/96 




.0004- 


.0006 


10:16 NCR 1997 


04/01/96 


06C 


.0101 




10:15 NCR 1565 


04/01/96 




.0313 




10:15 NCR 1565 


04/01/96 




.0401 




10:17 NCR 2229 




06D 


.0102 




10:16 NCR 1997 


04/01/96 




.0104 




10:16 NCR 1997 


04/01/96 




.0106 




10:07 NCR 584 


11/01/95 




.0301 - 


.0302 


10:16 NCR 1997 


04/01/96 


06E 


.0101 - 


.0102 


10:16 NCR 1997 


04/01/96 




.0104 




10:16 NCR 1997 


04/01/96 




.0202 




10:16 NCR 1997 


04/01/96 


06G 


.0301 - 


.0303 


10:16 NCR 1997 


04/01/96 


06H 


.0001 




10:16 NCR 1997 


04/01/96 




.0006- 


.0008 


10:16 NCR 1997 


04/01/96 


REAL ESTATE COMMISSION 






21 NCAC 58 A 


.0104 




10:16 NCR 2124 


03/01/96 




.0107 




10:16 NCR 2124 


03/01/96 




Olio 




10:02 NCR 157 


07/01/95 




.0113 




10:16 NCR 2124 


03/01/96 




.0302 




10:16 NCR 2124 


03/01/96 




.0401 - 


.0402 


10:16 NCR 2124 


03/01/96 




.0403 




10:04 NCR 263 


08/01/95 




.0502 




10:16 NCR 2124 


01/01/97 




.0503 




10:04 NCR 263 


08/01/95 




.0503 - 


.0506 


10:16 NCR 2124 


03/01/96 




.0504 - 


.0506 


10:02 NCR 157 


07/01/95 




.0505 




10:04 NCR 263 


08/01/95 




.0510 




10:16 NCR 2124 


03/01/96 




.0610 




10:16 NCR 2124 


03/01/96 




.1702 




10:16 NCR 2124 


03/01/96 




.1703 




10:02 NCR 157 


07/01/95 




.1707- 


.1708 


10:02 NCR 157 


07/01/95 




.1708 




10:16 NCR 2124 


03/01/96 




.1710- 


.1711 


10:02 NCR 157 


07/01/95 




.1711 




10:16 NCR 2124 


03/01/96 


58C 


.0104 




10:16 NCR 2124 


03/01/96 




.0305 - 


.0307 


10:16 NCR 2124 


03/01/96 




.0311 - 


.0312 


10:16 NCR 2124 


03/01/96 


58E 


.0103 




10:02 NCR 157 


07/01/95 




.0203 - 


.0204 


10:02 NCR 157 


07/01/95 



11/15/95 Temporary Amendment Rule 



i 



07/01/95 

08/01/95 

08/01/95 

07/01/95 
08/01/95 



07/01/95 
07/01/95 

07/01/95 



07/01/95 
07/01/95 



4 



2311 



NORTH CAROLINA REGISTER 



December 1, 1995 10:17 



CUMULATIVE INDEX 



^ 



Agency /Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


EffectiTe 
Date 


Other Information 


State 


Local 



^ 





.0203 - 


.0204 


10:16 NCR 2124 


03/01/96 




.0302- 


.0304 


10:16 NCR 2124 


03/01/96 




.0303 - 


.0305 


10:02 NCR 157 


07/01/95 




.0310 




10:16 NCR 2124 


03/01/96 




.0406- 


.0407 


10:02 NCR 157 


07/01/95 




.0406- 


.0407 


10:16 NCR 2124 


03/01/96 




.0411 




10:16 NCR 2124 


03/01/96 




.0503 




10:16 NCR 2124 


03/01/96 




.0506 




10:02 NCR 157 


07/01/95 




.0511 




10:16 NCR 2124 


03/01/96 




.0515 




10:02 NCR 157 


07/01/95 


REFRIGERATION EXAMI^fERS 






21 NCAC 60 


.0102 




10:04 NCR 264 


08/01/95 




.0105 




10:09 NCR 781 


11/01/95 




.0204 




10:04 NCR 264 


08/01/95 




.0314 




10:04 NCR 264 


08/01/95 




.1102 




10:04 NCR 264 


08/01/95 




.1103 




10:09 NCR 781 


11/01/95 


REVENUE 










Tax Review Board 






10:01 NCR 03 




Tax Review Board 






10:07 NCR 428 




Tax Review Board 






10:09 NCR 716 




Tax Review Board 






10:11 NCR 890 




Tax Review Board 






10:17 NCR 2224 




17 NCAC 09G 


.0102 




10:16 NCR 2006 


11/30/96 




.0104 - 


.0105 


10:16 NCR 2006 


11/30/96 




.0107 




10:16 NCR 2006 


11/30/96 




.0201 - 


.0203 


10:16 NCR 2006 


11/30/96 




.0301 - 


.0304 


10:16 NCR 2006 


11/30/96 




.0306 




10:16 NCR 2006 


11/30/96 




.0402- 


.0404 


10:16 NCR 2006 


11/30/96 




.0502 - 


.0509 


10:16 NCR 2006 


11/30/96 




.0512 




10:16 NCR 2006 


11/30/96 




.0514 




10:16 NCR 2006 


11/30/96 




.0516 




10:16 NCR 2006 


11/30/96 


09H 


.0102 - 


.0103 


10:16 NCR 2006 


11/30/96 




.0105 




10:16 NCR 2006 


11/30/96 




.0202 - 


.0203 


10:16 NCR 2006 


11/30/96 




.0206 - 


.0210 


10:16 NCR 2006 


11/30/96 




.0302- 


.0303 


10:16 NCR 2006 


11/30/96 




.0305 - 


.0306 


10:16 NCR 2006 


11/30/96 




.0409 




10:16 NCR 2006 


11/30/96 


09K 


.0201 - 


.0206 


10:16 NCR 2006 


01/01/96 




.0401 




10:16 NCR 2006 


01/01/96 




.0501 - 


.0513 


10:16 NCR 2006 


01/01/96 




.0601 - 


.0602 


10:16 NCR 2006 


01/01/96 


09L 


.0301 - 


.0302 


10:16 NCR 2006 


01/01/96 




.0401 - 


.0404 


10:16 NCR 2006 


01/01/96 


SECRETARY OF STATE 






18 NCAC 






10:16 NCR 2015 


04/01/96 


04 


.0102 




10:15 NCR 1567 


02/01/96 




.0201 




10:15 NCR 1567 


02/01/96 




.0203 




10:15 NCR 1567 


02/01/96 




.0205 - 


.0206 


10:15 NCR 1567 


02/01/96 




.0302 - 


.0308 


10:15 NCR 1567 


02/01/96 




.0311 - 


.0314 


10:15 NCR 1567 


02/01/96 




.0316 - 


.0318 


10:15 NCR 1567 


02/01/96 




.0401 - 


.0402 


10:15 NCR 1567 


02/01/96 




.0501 - 


.0504 


10:15 NCR 1567 


02/01/96 


05 


.0101 




10:15 NCR 1573 


02/01/96 



07/01/95 
07/01/95 

07/01/95 
07/01/95 



08/01/95 
11/01/95 
08/01/95 
08/01/95 
08/01/95 
11/01/95 



Notice on Subject Matter 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2312 



CUMULATIVE INDEX 





Agency /Rule Citation 


Proposed in 
Register 


Proposed 


Fiscal Note 


EffectiTe 


Other Information 


Date 


State 


Local 


Date 



06 



.0203 - 


.0209 


.0304- 


.0305 


.0404 




.1205 - 


.1206 


.1208 




.1302- 


.1305 


.1313 




.1402 




.1601 - 


.1602 


.1604 - 


.1605 


.1607 




.0302 





07 

SOCIAL WORK, BOARD OF 

21 NCAC 63 .0306 

STATE PERSONNEL 

25 



NCAC 01 B 


.0201 






.0203 - 


.0207 




.0213 






.0414 






.0431 






.0437 - 


.0439 


OIC 


.0207 






.0402 - 


.0408 




.0412 




OlD 


.0201 
.0205 
.0207 
.0211 
.0401 
.0406 
.0504 
.0509 






.0510- 


.0511 




.0515 






.0520 






.0808 






.0910 






.1001 






.1001 






.1005 






.1009 






.1009- 


1010 




.1201 






.1204 






.1401 






.1801 - 


.1802 




.1928 






.2001 






.2301 - 


.2305 




.2601 - 


.2604 


OlE 


.0304 - 
.0804 


.0305 




.1001 - 


.1002 




.1110 






.1402 - 


.1411 


OIH 


.0628 




Oil 


.2301 - 


.2310 


OU 


.0401 - 


.0413 




.0501 - 


.0511 




.0604 - 


.0606 




.0608 





10:15 NCR 1573 


02/01/96 


10:15 NCR 1573 


02/01/96 


10:15 NCR 1573 


02/01/96 


10:05 NCR 


306 


09/01/95 


10:05 NCR 


306 


09/01/95 


10:05 NCR 


306 


09/01/95 


10:05 NCR 


306 


09/01/95 


10:11 NCR 


906 


12/01/95 


10:15 NCR 1575 


02/01/96 


10:15 NCR 1575 


02/01/96 


10:15 NCR 1575 


02/01/96 


10:15 NCR 1578 


02/01/96 


10:13 NCR 1185 


01/01/96 


10:16 NCR 2155 


02/01/96 


10:16 NCR 2155 


02/01/96 


10:16 NCR 2155 


02/01/96 


10:16 NCR 2155 


02/01/96 


10:16 NCR 2155 


02/01/96 


10:16 NCR 2155 


02/01/96 


10:04 NCR 


264 


08/01/95 


10:04 NCR 


264 


08/01/95 


10:16 NCR 2155 


02/01/96 


10:04 NCR 


264 


08/01/95 


10:04 NCR 


264 


08/01/95 


10:04 NCR 


264 


08/01/95 


10:04 NCR 


264 


08/01/95 


10:12 NCR 


986 


12/01/95 


10:12 NCR 


986 


12/01/95 


10:12 NCR 


986 


12/01/95 


10:07 NCR 


588 


10/01/95 


10:12 NCR 


986 


12/01/95 


10:12 NCR 


986 


12/01/95 


10:16 NCR 


2155 


02/01/96 


10:04 NCR 


264 


08/01/95 


10:12 NCR 


986 


12/01/95 


10:04 NCR 


264 


08/01/95 


10:12 NCR 


986 


12/01/95 


10:12 NCR 


986 


12/01/95 


10:04 NCR 


264 


08/01/95 


10:12 NCR 


986 


12/01/95 


10:04 NCR 


264 


08/01/95 


10:04 NCR 


264 


08/01/95 


10:04 NCR 


264 


08/01/95 


10:04 NCR 


264 


08/01/95 


10:12 NCR 


986 


12/01/95 


10:04 NCR 


264 


08/01/95 


10:16 NCR 


2155 


02/01/96 


10:12 NCR 


986 


12/01/95 


10:12 NCR 


986 


12/01/95 


10:04 NCR 


264 


08/01/95 


10:12 NCR 


986 


12/01/95 


10:12 NCR 


986 


12/01/95 


10:07 NCR 


588 


10/01/95 


10:12 NCR 


986 


12/01/95 


10:12 NCR 


986 


12/01/95 


10:12 NCR 


986 


12/01/95 


10:12 NCR 


986 


12/01/95 


10:07 NCR 


588 


10/01/95 


10:07 NCR 


588 


10/01/95 



c 



i 



10/01/95 



08/08/95 



10/01/95 



10/01/95 
10/01/95 



i 



2313 



NORTH CAROLINA REGISTER 



December 1, 1995 



10:17 



CUMULATIVE INDEX 



^ 











Fiscal Note 


Effective 
Date 


Other Information 






Proposed 
Elfectire 


Ageicy/Rule Citation 


ftvposed IB 


Register 


Date 


State 


Local 















.0610 - 


.0615 


10:07 NCR 588 


10/01/95 




.0801 - 


.0809 


10:12 NCR 986 


12/01/95 


OIK 


.0312 




10:04 NCR 264 


08/01/95 




.0318 




10:12 NCR 986 


12/01/95 




.0701 - 


.0705 


10:12 NCR 986 


12/01/95 




.0707 - 


.0708 


10:12 NCR 986 


12/01/95 


OIL 


.0101 - 


.0106 


10:12 NCR 986 


12/01/95 



10/01/95 



SUBSTANCE ABUSE PROFESSIONALS CERTIFICATION BOARD 

21 NCAC 68 .0501 -.0511 10:14 NCR 1382 02/01/96 

.0601 - .0610 10:14 NCR 1382 02/01/96 



THERAPEUTIC RECREATION CERTIFICATION BOARD 



21 NCAC 


65 


.0004 




10:16 NCR 2140 


02/01/96 






.0006- 


.0007 


10:16 NCR 2140 


02/01/96 


TRANSPORTATION 








19A NCAC 


02D 


.0415 




10:12 NCR 984 


12/31/95 






.0801 




10:04 NCR 254 


09/01/95 






.1101 - 


.1112 


10:16 NCR 2015 


03/01/96 




03D 


.0517 




10:16 NCR 2020 


02/01/96 






.0549 




10:16 NCR 2020 


02/01/96 






.0551 - 


.0553 


10:16 NCR 2020 


02/01/96 




04A 


.0004 




10:10 NCR 829 


12/01/95 




06B 


.0401 - 


.0417 


10:16 NCR 2023 


03/01/96 


VETERIN^^ 


lRY MEDICAL BOARD 






21 NCAC 


66 


.0101 




10:16 NCR 2143 


04/01/96 






.0105 - 


.0106 


10:16 NCR 2143 


04/01/96 






.0108 




10:16 NCR 2143 


04/01/96 






.0201 - 


.0203 


10:16 NCR 2143 


04/01/96 






.0205 - 


.0210 


10:16 NCR 2143 


04/01/96 






.0301 




10:16 NCR 2143 


04/01/96 






.0303 - 


.0308 


10:16 NCR 2143 


04/01/96 






.0310- 


.0311 


10:16 NCR 2143 


04/01/96 






.0601 




10:16 NCR 2143 


04/01/96 






.0606 




10:16 NCR 2143 


04/01/96 






.0703 




10:16 NCR 2143 


04/01/96 



10/01/95 



10:17 



NORTH CAROLINA REGISTER 



December 1, 1995 



2314 



I 



i 



i 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 



CODE 



ONE-TIME 

PURCHASE 

PRICE 



ANNUAL 

SUBSCRIPTION 

PRICE 



Title 1 - Dept. of Administration 

Division of Purchase & Contract 
Federal Block Grant Funds 



Firii Title 



Title 2 - Dept. of Agriculture - Full Title 

Food & Drug Protection Division 
Structural Post Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Trde 

Title 4 - Dept. of Commerce - Full Trde 

Alcoholic Bevorage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Worlcers Compensation 

Savings Institutions Division 



Title 6 - Dept. of Corrections 

Division of Prisons 



Full Title 



Trde 6 - Councl of State - Full Title 

Tide 7 - Dept. of Cultural Resources - Full Title 

Trde 8 - State Board of Elections - Full Trde 

Title 9 - Offices of the Governor & Lt. Governor ■ Full Title 

Tide 1 - Dept. of Human Resources - Full Trde 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf 81 Hard of Hearing 

Employment Opportunities 

Trde 11 - Dept. of Insurance - Full Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering & Building Codes 

Trde 1 2 - Dept. of Justice - Full Title 

Private Protective Services 

Police & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 13 - Dept. of Labor - Full Trde 

Mine & Quarry Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Tide 14A - Dept. of Crime Control & Public Safety - Full Trde 

Alcohol Law Enforcement 
Victims Compensation Fund 



Tide ISA - Dept. of Environ., 

Environmental Management 

Air Quality 

Water Quality 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tanks 



Health, & Nat. Resources 





201 00 00 


$63.00 


$90.00 




201 10 05 


$21.00 


$30.00 




201 10 33 


«17.50 


$25.00 




202 00 00 


$98.00 


$140.00 




202 16 09 


$28.00 


$40.00 




202 15 34 


$21.00 


$30.00 




202 15 43 


$21.00 


$30.00 




202 15 48 


$21.00 


$30.00 




202 15 52 


$21.00 


$30.00 




203 00 00 


$7.00 


$10.00 




204 00 00 


$87.60 


$125.00 




204 1 5 02 


$12.00 


$40.00 




204 1 6 03 


$24.50 


$35.00 




204 1 5 06 


$14.00 


$20.00 




204 1 5 09 


$14.00 


$20.00 




204 15 10 


$14.00 


$20.00 




204 16 16 


$24.60 


$35.00 




206 00 00 


$66.00 


$80.00 




206 1 5 02 


$24.60 


$35.00 




206 00 00 


$21.00 


$30.00 




207 00 00 


$21.00 


$30.00 




208 00 00 


$7.00 


$10.00 


e 


209 00 00 


$31.50 


$46.00 




210 00 00 


$346.50 


$495.00 




210 20 10 


$46.60 


$66.00 




210 20 20 


$31.50 


$45.00 




210 20 30 


$77.00 


$110.00 




210 20 40 


$119.00 


$170.00 




210 20 41 


$31.50 


$46.00 




210 20 42 


$31.50 


$46.00 




210 20 43 


$28.00 


$40.00 




210 20 44 


$17.50 


$25.00 




210 20 45 


$35.00 


$60.00 




211 00 00 


$63.00 


$90.00 




211 1001 


$56.00 


$80.00 




211 10 04 


$24.50 


$35.00 




211 10 05 


$17.60 


$25.00 




211 1006 


$28.00 


$40.00 




211 10 08 


$21.00 


$30.00 




212 00 00 


$63.00 


$90.00 




212 1007 


$21.00 


$30.00 




212 1009 


$31.50 


$45.00 




212 10 11 


$17.50 


$26.00 




213 00 00 


$77.00 


$110.00 




213 15 06 


$14.00 


$20.00 




213 20 00 


$31.50 


$45.00 




213 15 12 


$14.00 


$20.00 




213 15 13 


$14.00 


$20.00 




213 15 14 


$14.00 


$20.00 




213 15 16 


$14.00 


$20.00 


ritle 


214 00 00 


$31.60 


$45.00 




214 00 08 


$17.60 


$25.00 




21400 11 


$14.00 


$20.00 


Full Tide 


216 00 00 


$276.60 


$395.00 




216 15 00 


$115.50 


$165.00 




215 15 10 


$49.00 


$70.00 




216 15 20 


$49.00 


$70.00 




215 15 30 


$56.00 


$80.00 




216 15 31 


$36.00 


$50.00 




215 15 32 


$17.50 


$26.00 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 15 40 


«31.50 


S45.00 


215 25 00 


$105.00 


$150.00 


21525 10 


$42.00 


$60.00 


215 25 20 


$35.00 


$50.00 


215 25 30 


$59.50 


$85.00 


215 25 31 


$17.50 


$25.00 


216 00 00 


$21.00 


$30.00 


216 1006 


$21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 15 27 


$31.50 


$45.00 


217 15 29 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 1006 


$21.00 


$30.00 


219 00 00 


$63.00 


$90.00 


219 1002 


$28.00 


$40.00 


219 10 03 


$35.00 


$50.00 


220 00 00 


$31.50 


$46.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


225 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$375.00 


$760.00 


266 00 00 




$750.00 


266 50 00 


-- 


$250.00 


288 50 00 


$295.00 


$475.00 


288 80 00 


$40.00 


$75.00 


299 90 00 


$16.00 





Coastal Management 

Environmental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxiiizer & Breathalyser 

Title 16 - Dept. of Public Instruction - Full Title 

Elementary & Secondary Education 

Title 1 7 - Dept. of Revenue - Fidl Title 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 1 8 - Secretary of State - Full Trde 

Securities Division 

Title 19A - Dept. of Transportation - Full Trde 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Full Title 

Title 21 - Occupational Licensing Boards - Full Trde 

Tide 22 - Administrative Procedures Act - Repealed 

Tide 23 - Dept. of Community Colleges - Full Trde 

Tide 24 - Independent Agencies - Full Tide 

Tide 25 - Office of State Personnel - Full Trde 

Tide 26 - Office of Administrative Hearings - Full Trde 

Tide 27 - Nortfi Carolina State Bar - Full Tide 

North Carolina Administrative Code - Full Code 

(Add SBS.OO Shipping and Handling) 

CD-ROM North Carolina Administrative Code 
CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

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